Hawkesbury City Council v Vis Visitor Investment Services Pty Limited (in liq), in the matter of Vis Visitor Investment Services Pty Limited (in liq) [2013] FCA 963

FEDERAL COURT OF AUSTRALIA

Hawkesbury City Council v Vis Visitor Investment Services Pty Limited (in liq), in the matter of Vis Visitor Investment Services Pty Limited (in liq) [2013] FCA 963 Citation: Hawkesbury City Council v Vis Visitor Investment Services Pty Limited (in liq), in the matter of Vis Visitor Investment Services Pty Limited (in liq) [2013] FCA 963

Parties: HAWKESBURY CITY COUNCIL ABN 54 659 038 834 v VIS VISITOR INVESTMENT SERVICES PTY LIMITED (IN LIQUIDATION) ACN 050 320 146

File number: NSD 2156 of 2012

Judge: YATES J

Date of judgment: 17 September 2013

Catchwords: CORPORATIONS – application to terminate winding up of defendant – proposal for defendant to pay out in full all unsecured creditors, the plaintiff's costs of the winding up application, and the liquidator's remuneration and costs

Legislation: Corporations Act 2001 (Cth) s 482

Cases cited: Benedict v Olde; in the matter of ATS (Asia Pacific) Pty Ltd [2011] FCA 1008 Dubolo Pty Ltd (t/as Fender Signs) v Codrington Investment Corporation Pty Ltd (1998) 26 ACSR 723 LL Nominees Pty Ltd, in the matter of LL Nominees Pty Ltd [2009] FCA 1144 Mercy & Sons Pty Ltd v Wanari Pty Ltd (subject to deed of company arrangement) (in liq) (2000) 35 ACSR 70 Metledge v Bambakit Pty Ltd; Manuel Koutsourais, Applicant [2005] NSWSC 160 Miller Street Pty Ltd v Porter [2011] FCA 1120 Re Data Homes Pty. Ltd. (in liq.) and the Companies Act [1972] 2 NSWLR 22 Re Nardell Coal Corporation Pty Ltd and Another (2004) 182 FLR 290 Re Warbler Pty Ltd (1982) 6 ACLR 526 The King & I Pty Ltd, in the matter of The King & I Pty Ltd [2007] FCA 2085 Vero Workers Compensation (NSW) Ltd v Ferretti Pty Ltd (in liq) (2006) 57 ACSR 103 von Risefer v Mainfreight International Pty Ltd (2009) 25 VR 366