Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stapp v Surge Holdings Pty Ltd [1999] FCA 545
CORPORATIONS LAW - application to wind up company - whether just and equitable that the company be wound up - whether breakdown of a quasi-partnership - significance of facts that company neither successful nor prosperous and not presently engaged in activities. Corporations Law (Cth) ss 459A, 459P(2)(b), 461(1)(f), 461(1)(g), 461(1)(k), 462(2)(c) Federal Commissioner of Taxation v Coppleson (1981) 57 FLR 234, cited Ebrahimi v Westbourne Galleries Ltd [1973] AC 360, followed Dynasty Pty Ltd v Coombs (1995) 59 FCR 122, cited Thomas v Mackay Investments Pty Ltd (1996) 22 ACSR 294, applied Kokotovich Constructions Pty Ltd v Wallington (1995) 17 ACSR 478, applied Loch v John Blackwood Ltd [1924] AC 783, applied McMillan v Toledo Enterprises (1995) 18 ACSR 603, cited
ROBERT LOUIS STAPP v SURGE HOLDINGS PTY LTD NG 3158 OF 1998 KATZ J SYDNEY 5 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3158 OF 1998
BETWEEN: ROBERT LOUIS STAPP
Applicant
AND: SURGE HOLDINGS PTY LIMITED
Respondent
JUDGE: KATZ J
DATE OF ORDER: 5 MAY 1999
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. Surge Holdings Pty Limited be wound up by this Court under the provisions of the Corporations Law. 2. Martin Green of Grant Thornton Chartered Accountants, an official liquidator, be appointed the liquidator of the corporation. 3. The Applicant's costs (including reserved costs, if any) be taxed and reimbursed out of the property of the corporation in accordance with s466(2) of the Corporations Law. Note: 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 NG 3158 OF 1998
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