Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v SA Services & PW Pty Ltd [2021] FCA 302 File number: VID 783 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 30 March 2021
Catchwords: CORPORATIONS – application for winding up order pursuant to s 461(1)(a) of the Corporations Act 2001 (Cth), appointment of liquidators pursuant to s 477(1) of the Act and reimbursement of costs pursuant to s 466(2) of the Act – where companies had resolved by special resolution that they be wound up by the Court – whether any reason not to exercise discretion to wind up companies – application granted
Legislation: Corporations Act 2001 (Cth), ss 461(1)(a), 466(2), 477(1), 491
Cases cited: Australian Securities and Investments Commission v Dawson [2020] FCA 1144 Griffin Energy Group Pty Ltd v Griffin Windfarm Holdings Pty Ltd, in the matter of Griffin Energy Group Pty Ltd (subject to Deed of Company Arrangement) [2012] FCA 197 Hillig v Darkinjung Local Aboriginal Land Council [2006] NSWSC 1371; 205 FLR 450 Kala Capital Pty Ltd [2011] NSWSC 1253 MFS Alternative Assets (in liquidation) v Angstrom Assets Pty Limited [2012] NSWSC 447
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 11
Date of last submission: 24 February 2021
Date of hearing: 23 February 2021
Counsel for the Applicant: Ms C. Van Proctor
Solicitor for the Applicant: Australian Securities and Investments Commission
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