Federal Court of Australia
CORPORATIONS LAW - winding up
JUDGMENT Nov sume ty 1 CATCHWORDS
appointment of liquidator -
whether liquidator can be seen to be sufficiently independent - insufficient evidence to show lack of independence.
Corporations Law s.472
Federal Court Rules Order 71, rule 37(7)
Re Obie Pty Ltd (No.1) (1983) 8 ACLR 439 Re Dunquil Pty Ltd (1985) 3 ACLC 606
lectrica
Attalox Pty Ltd [1984] 3 NSWLR 52.
PE. ION
No. NG 3532 of 1994
Sackville J. 16 November 1994 Sydney
dustries
LIM.
RECEIVED
16 NOV 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
Ltd (i ov. ji v
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 3532 of 1994
GENERAL DIVISION
BETWEEN:
PONGRASS GROUP OPERATIONS PTY LIMITED Applicant
AND:
LOWERPINEMS PTY LIMITED Respondent
CORAM: SACKVILLE J. PLACE: SYDNEY
DATE: 16 NOVEMBER 1994
MI E. F ORDER
RT E Ts
1. The respondent be wound up by this Court under the provisions of the Corporations Law.
2. Mr Brian Raymond Silvia of Ferrier Hodgson, an official liquidator, be appointed liquidator of the company.
3. The applicant's costs be taxed and reimbursed in accordance with subsection 466(2) of the Corporations Law.
TEs Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 3532 of 1994
GENERAL DIVISION
BETWEEN:
PONGRASS GROUP OPERATIONS PTY LIMITED
Applicant
AND:
LOWERPINEMS PTY LIMITED Respondent
CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 16 NOVEMBER 1994
REASONS FOR JUDGMENT
This is an application that the respondent be wound up under s.459A of the Corporations Law. As events have developed, there is no dispute that a statutory demand for payment of a debt of $50,000 was made, but not complied with within the twenty one day period specified in the demand: s.459E, s.459F. The Court must therefore presume that the company is insolvent: s.459C(2)(a). There is also no dispute that the formal requirements for a
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