Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hill v Hicom International Pty Ltd (In liquidation) ACN 070 061 344 [2007] FCA 1014
CORPORATIONS – winding up – whether members' or creditors' voluntary winding up – where failure to comply with s 494(3) of Corporations Act 2001 (Cth) – whether declaration of solvency invalid. Corporations Act 2001 (Cth), ss 494 and 1322 GRAHAME HILL IN HIS CAPACITY AS LIQUIDATOR OF HICOM INTERNATIONAL PTY LTD (IN LIQUIDATION) ACN 069 933 213 AND HICOM SALES PTY LTD (IN LIQUIDATION) ACN 070 061 344 v HICOM INTERNATIONAL PTY LTD (IN LIQUIDATION) ACN 069 933 213 AND ANOR NSD867 OF 2007
EMMETT J
16 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 867 OF 2007
BETWEEN: GRAHAME HILL IN HIS CAPACITY AS LIQUIDATOR OF HICOM INTERNATIONAL PTY LTD (IN LIQUIDATION) ACN 069 933 213 AND HICOM SALES PTY LTD (IN LIQUIDATION) ACN 070 061 344
Plaintiff
AND: HICOM INTERNATIONAL PTY LTD (IN LIQUIDATION) ACN 069 933 213
First Defendant
HICOM SALES PTY LTD (IN LIQUIDATION)
ACN 070 061 344
Second Defendant
JUDGE: EMMETT J
DATE OF ORDER: 16 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Grants leave to Grahame Hill to file the originating process, initialled by Emmett J. 2. Pursuant to section 1322(4)(d) of the Corporations Act, abridges to 23 April 2007 the time for: (a) making and lodging the Declaration of Solvency pursuant to section 494 of the Act, and (b) sending notices convening the meeting of members to be held pursuant to section 491 of the Act in respect of each of Hicom International Pty Ltd (in liquidation) and Hicom Sales Pty Ltd (in liquidation). 3. Declares that the written declaration of the directors of Hicom International Pty Ltd ACN 069 933 213 made on 23 April 2007 for the purpose of section 494(1) of the Corporations Act 2001 (Cth), is not invalid by reason of the defect in failing to make and lodge the written declaration on a date before the date on which notices of the meeting of the members of Hicom International Pty Ltd ACN 069 933 213 were sent out. 4. Declares that the written declaration of the directors of Hicom Sales Pty Ltd ACN 070 061 344 made on 19 April 2007 for the purpose of section 494(1) of the Corporations Act 2001 (Cth), is not invalid by reason of a defect in failing to lodge the written declaration on a date before the date on which notices of the meeting of the members of Hicom Sales Pty Ltd ACN 070 061 344 were sent out. 5. Declares that the liquidation of Hicom International Pty Ltd (in liquidation) ACN 069 933 213 is a members' voluntary winding up pursuant to Part 5.5 of the Corporations Act 2001 (Cth). 6. Declares that the liquidation of Hicom Sales Pty Ltd (in liquidation) ACN 070 061 344 is a members' voluntary winding up pursuant to Part 5.5 of the Corporations Act 2001 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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