Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Campbell-Wilson v Australian Securities and Investments Commission [2017] FCA 391 File number: NSD 530 of 2017
Judge: MARKOVIC J
Date of judgment: 11 April 2017
Catchwords: CORPORATIONS – application for order that Australian Securities and Investments Commission deregister company on a specified day – whether to exercise discretion to make order – considerations relevant to the exercise of discretion – application allowed
Legislation: Corporations Act 2011 (Cth) s 509
Cases cited: Emergen-X Pty Limited (in liquidation) (ACN 114 579 510), in the matter of Emergen-X Pty Limited (in liquidation) (ACN 114 579 510) [2010] FCA 487 Re Rosaub Pty Ltd (in liq) (2005) 54 ACSR 371; [2005] NSWSC 689
Date of hearing: 11 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 17
Solicitor for the Plaintiff: Mr D McCrostie, TurksLegal
Counsel for the Defendant: The defendant did not appear
ORDERS NSD 530 of 2017
BETWEEN: PHILIP CAMPBELL-WILSON AND ADAM PAUL NIKITINS AS LIQUIDATORS OF NALCO AUSTRALIA PTY LTD (IN LIQUIDATION) ACN 000 424 788 Plaintiff
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Defendant
JUDGE: MARKOVIC J DATE OF ORDER: 11 APRIL 2017
THE COURT ORDERS THAT:
1. Pursuant to section 509(6) of the Corporations Act 2001 (Cth), the deregistration of Nalco Australia Pty Ltd (in liquidation) is to occur on 13 April 2018. 2. The plaintiffs and the defendant are granted liberty to apply to relist the matter on 3 days' written notice to one another. 3. The costs of this application are the plaintiffs' costs in the winding up of Nalco Australia Pty Ltd (in liquidation). 4. The plaintiffs are to notify the defendant of these orders by 5.00 pm on 12 April 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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