Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bailey v Seneca Ltd, in the matter of Seneca Textiles Ltd [2020] FCA 242 File number: NSD 1791 of 2019
Judge: STEWART J
Date of judgment: 20 February 2020
Date of publication of reasons: 28 February 2020
Catchwords: CORPORATIONS – winding up – domestic registration of a foreign company – whether Pt 5.7 body – foreign company in winding up at place of incorporation – application by foreign company through its liquidators for winding up order – whether standing to apply for winding up under s 583 of the Corporations Act 2001 (Cth) – where business no longer carried on in Australia – whether company unable to pay its debts – whether it is just and equitable that the company be wound up – winding up ordered and liquidators appointed
Legislation: Companies Act 1993 (NZ) s 239AS Corporations Act 2001 (Cth) Ch 5; Pts 5.7, 5B.2; ss 9, 459P, 462, 467, 582, 583, 585
Cases cited: Australian Securities and Investments Commission v Edwards [2004] QSC 344; 22 ACLC 146 CIC Insurance Ltd v Hannan & Co Pty Ltd [2001] NSWSC 437; 38 ACSR 245 Peninsula Group Ltd v Kintsu Co Ltd (1998) 44 NSWLR 534 Re Trans Pacific Insurance Corporation [2009] NSWSC 308; 71 ACSR 569 Re Trans Pacific Insurance Corporation [2009] NSWSC 554; 72 ACSR 327 Titchfield Management Ltd v Vaccinoma Inc [2008] NSWSC 1196; 68 ACSR 448
Date of hearing: 20 February 2020
Registry: New South Wales
Division General Division
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