Federal Court of Australia
Federal Court of Australia
Haycraft v AF1 Services Pty Ltd [2023] FCA 774 File number: NSD 449 of 2022
Judgment of: STEWART J
Date of judgment: 4 July 2023
Date of publication of reasons: 7 July 2023
Catchwords: CORPORATIONS – application for winding up of a company on just and equitable grounds under s 461(1)(k) of the Corporations Act 2001 (Cth) – where directors of the company disagree on aspects of the conduct of the business – where relevant business is profitable, solvent and has many employees – applicable principles to just and equitable winding up – whether breakdown in relationship between business partners materially frustrates the commercial viability and sensible operations of the company – whether another remedy available
Legislation: Corporations Act 2001 (Cth) ss 461(1)(k), 467(4) Income Tax Assessment Act 1936 (Cth) s 97(1) Trustee Act 1925 (NSW)
Cases cited: Commissioner of Taxation v Carter [2022] HCA 10; 399 ALR 521 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; 37 ACSR 672 In the Matter of Catombal Investments Pty Ltd [2012] NSWSC 775 In the matter of Crow Inn Pty Ltd (No 2) [2020] NSWSC 1749 In the matter of L&B Seafood Pty Ltd [2022] NSWSC 100 In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 413; 152 ACSR 212 Mir v Mir [2023] NSWSC 408 Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1510
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