In the matter of Pharmacy Depot Hurstville Pty Ltd (in prov liq)

Pharmacy Depot Hurstville Pty Ltd was in provisional liquidation and the plaintiff sought a declaration that he and the first defendant each held a 50 percent interest in the company. The plaintiff also sought leave to proceed with the application for declaratory relief. The case was heard in the Supreme Court of New South Wales. The court was required to decide whether the plaintiff needed leave to proceed with the application for declaratory relief, whether the declaration should be made by consent, and whether the party who consented was a proper contradictor. Additionally, the court needed to determine whether it was just and equitable to wind up the company due to the irretrievable breakdown between the company directors and the company's insolvency.

The court held that the plaintiff was not required to obtain leave to proceed with the application for declaratory relief as the matter fell within the scope of section 471B of the Corporations Act 2001 (Cth). The court also determined that the declaration could be made by consent, but the party who consented was not a proper contradictor as they did not have a sufficient interest in the outcome of the proceedings. The court found that it was just and equitable to wind up the company due to the irretrievable breakdown between the company directors and the company's insolvency.

The court made a declaration that the plaintiff and the first defendant each held a 50 percent interest in the company. The court also ordered that the company be wound up and that the liquidator be authorised to sell the company's assets and distribute the proceeds to the company's creditors. The court further ordered that the plaintiff's costs of the proceeding be paid by the company.