In the matter of Payless Freight Solutions Pty Ltd [2017] NSWSC 511

In the matter of Payless Freight Solutions Pty Ltd [2017] NSWSC 511

Although the New South Wales proceedings were commenced first, it was plainly inappropriate for related winding up proceedings to continue in two separate courts. The location of the company, administrators, registered office and principal place of business, and the capacity of the Supreme Court of Victoria to deal with all issues in the related proceedings, made the Supreme Court of Victoria the more appropriate court.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Winding Up Application; Procedural Transfer Application / First Return Date
Outcome
Proceedings transferred to the Supreme Court of Victoria.
Legal Topics
['transfer of Proceedings' 'related Winding Up Proceedings' 'external Administration' 'deed of Company Arrangement' 'appropriate Court']
['corporations Law' 'insolvency' 'civil Procedure'] ['transfer of Proceedings' 'related Winding Up Proceedings' 'external Administration' 'deed of Company Arrangement' 'appropriate Court']

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Procedural Posture

Winding Up Application; Procedural Transfer Application / First Return Date

Legal Issues

  1. 1 ['Whether proceedings in the Supreme Court of New South Wales should be transferred to the Supreme Court of Victoria where related winding up proceedings were already on foot there.' 'Which court was the more appropriate court to deal with the winding up proceedings under Corporations Act 2001 (Cth), s 1337H(2).']

Ratio Decidendi

Although the New South Wales proceedings were commenced first, it was plainly inappropriate for related winding up proceedings to continue in two separate courts. The location of the company, administrators, registered office and principal place of business, and the capacity of the Supreme Court of Victoria to deal with all issues in the related proceedings, made the Supreme Court of Victoria the more appropriate court.

Court Disposition

Proceedings transferred to the Supreme Court of Victoria.

Orders

  • ['The proceedings be transferred to the Supreme Court of Victoria.']