Australian Securities and Investments Commission, in the matter of Sino Australia Oil and Gas Limited (prov liq apptd) v Sino Australia Oil and Gas Limited (prov liq apptd) [2016] FCA 201

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission, in the matter of Sino Australia Oil and Gas Limited (prov liq apptd) v Sino Australia Oil and Gas Limited (prov liq apptd) [2016] FCA 201 File number: VID 161 of 2014

Judge: DAVIES J

Date of judgment: 4 March 2016

Catchwords: CORPORATIONS – application for company to be wound up on just and equitable ground – where company solvent – whether justifiable lack of confidence in conduct and management of company – s 461(1)(k) of Corporations Act (2001) (Cth)

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 19, 76 Corporations Act 2001 (Cth) ss 461(1)(k), 674, 728(1), 1041H Evidence Act 1995 (Cth) s 87

Cases cited: Australian Securities and Investments Commission v ABC Fund Managers Ltd (2001) 39 ACSR 443; [2001] VSC 383 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 2) (2013) 93 ACSR 189; [2013] FCA 234 Australian Securities Commission v AS Nominees Limited (1995) 62 FCR 504; [1995] FCA 1663 Australian Securities and Investments Commission v Astra Resources PLC [2015] FCA 759 Australian Securities and Investments Commission v International Unity Insurance Pty Ltd (2004) 22 ACLC 1416; [2004] FCA 1059 Australian Securities and Investments Commission v Sino Australia Oil and Gas Limited [2015] FCA 531 Ebrahimi v Westbourne Galleries Ltd [1973] AC 360