Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The King & I Pty Ltd, in the matter of The King & I Pty Ltd [2007] FCA 2085
CORPORATIONS - termination of winding up of company – quality of evidence on solvency and profitability – source of support for termination – capitalisation of debt – assessment of cause of winding up Held: the winding up of the King & I Pty Ltd be terminated.
Corporations Act 2001 (Cth) ss 435A, 436B(1), 439A, 445F, 482(1), 482(1A)
Mercy & Sons Pty Ltd v Wanari Pty Ltd (2000) 157 FLR 107 Re Nardell Coal Corp Pty Ltd (2004) 182 FLR 290 Re Data Homes Pty Ltd [1972] 2 NSWLR 22 Metledge v Bambakit Pty Ltd [2005] NSWSC 160 MERVYN MALCOLM POSNER AS OFFICIAL LIQUIDATOR OF THE KING & I PTY LTD (IN LIQUIDATION) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) (ACN 060 968 809) WAD 244 OF 2007
MCKERRACHER J
21 DECEMBER 2007 (REASONS PUBLISHED)
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 244 OF 2007
IN THE MATTER OF SECTION 482(1) CORPORATIONS ACT 2001 (CTH) In the MATTER OF THE KING & I PTY LTD (IN LIQUIDATION) (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) (ACn 060 968 809) MERVYN MALCOLM POSNER AS OFFICIAL LIQUIDATOR OF THE KING & I PTY LTD
(IN LIQUIDATION)
(SUBJECT TO A DEED OF COMPANY AGREEMENT)
(ACN 060 968 809)
Plaintiff
JUDGE: MCKERRACHER J DATE OF ORDER: 18 DECEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The winding up of The King & I Pty Ltd (in liquidation) (Subject to a Deed of Company Arrangement) (ACN 060 968 809) be terminated pursuant to s 482(1) of the Corporations Act 2001 (Cth) effective as of today's date 2. The costs of the liquidator are to be costs in the company's Deed of Company Arrangement. 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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