Citrix Systems, Inc v Telesystems Learning Pty Ltd (in liq) [1998] FCA 1050

FEDERAL COURT OF AUSTRALIA

CORPORATIONS – application under s 459B of the Corporations Law to wind up a company in circumstances where it is being wound up voluntarily – application principally for purpose of displacing voluntary liquidator with a liquidator appointed by the Court – whether applicant's belief that the liquidator would not act independently was reasonable – whether reasonableness of belief concerning lack of independence of liquidator made out.

Corporations Law s 459B City & Suburban Pty Ltd v Michael John Morris Smith (Liquidator of Compac (Aust) Pty Ltd (In Liquidation), unreported, Merkel J, 9 July 1998 Commonwealth v Irving (1996) 19 ACSR 459 Advance Housing Pty Ltd (in liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230

CITRIX SYSTEMS, INC v TELESYSTEMS LEARNING PTY LTD (IN LIQUIDATION)

NG 3120 of 1998 MOORE J 31 AUGUST 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3120 of 1998

BETWEEN: CITRIX SYSTEMS, INC

Applicant

AND: TELESYSTEMS LEARNING PTY LTD (IN LIQUIDATION)

Respondent

JUDGE: MOORE J

DATE OF ORDER: 31 august 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Telesystems Learning Pty Ltd (in liquidation) be wound up by this Court under the provisions of the Corporations Law 2. Mr John Gibbons of Ernst & Young an official liquidator, be appointed the liquidator of the corporation 3. Subject to further order the Applicant's costs (including reserved costs, if any) be taxed and reimbursed out of the property of the corporation in accordance with s 466(2) of the Corporations Law. 4. Order 3 is to take effect seven days from the date of judgment. 5. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.