In the matter of Tahmoor Coal Pty Ltd

[2026] NSWSC 74

Supreme Court of NSW

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Practice and procedure
4. › Application to adjourn winding up
5. › Adjournment sought by company to allow restructuring and payment into court
6. › Whether adjournment in creditors' interest
7. › Whether consistent with legislative policy of prompt determination
8. › Civil Procedure Act 2005 (NSW), ss 56-58
9. › Corporations Act 2001 (Cth), s 459R
1. Corporations
2. › Winding up
3. › Practice and procedure
4. › Application to adjourn winding up following appointment of voluntary administrator
5. › Voluntary administrator appointed on eve of hearing
6. › Whether short adjournment in creditors' interest
7. › Lateness of appointment as relevant factor
8. › Corporations Act 2001 (Cth), ss 440A(2), 467

Quick Take

An adjournment of a winding up application to allow a restructuring that would take several months to complete is inconsistent with the legislative policy in s 459R of the Corporations Act, but a short adjournment following the appointment of voluntary administrators may be granted even where the appointment is made on the eve of the hearing, provided the court is satisfied it is in creditors' interests.