Federal Court of Australia
Federal Court of Australia
Camphin Boston, in the matter of Aether X Pty Ltd v Aether X Pty Ltd [2023] FCA 1087 File number: NSD 932 of 2023
Judgment of: MARKOVIC J
Date of judgment: 5 September 2023
Catchwords: CORPORATIONS – application to wind up company pursuant to s 459A, or alternatively s 461(1)(k), of the Corporations Act 2001 (Cth) – where sole director and shareholder is deceased – winding up order made
Legislation: Corporations Act 2001 (Cth) ss 436B(2), 459A, 461(1)(k),
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 15
Date of hearing: 5 September 2023
Solicitor for the Plaintiff: Mr Y Ong of Hilton Bradley Lawyers
ORDERS NSD 932 of 2023 CAMPHIN BOSTON, IN THE MATTER OF AETHER X PTY LTD V AETHER X PTY LTD BETWEEN: D G BOSTON PTY LTD AS TRUSTEE FOR YARRAN FAMILY TRUST & MD FAMILY PTY LTD AS TRUSTEE FOR MD FAMILY TRUST & KAJU INVESTMENTS PTY LTD AS TRUSTEE FOR WOODS FAMILY TRUST TRADING AS CAMPHIN BOSTON ABN 69 688 697 499 Plaintiff
AND: AETHER X PTY LTD ACN 651 818 585 Defendant
order made by: MARKOVIC J DATE OF ORDER: 5 SEPTEMBER 2023
THE COURT ORDERS THAT:
1. Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) Aether X Pty Ltd be wound up. 2. Alan Walker of WLP Restructuring Pty Ltd be appointed as liquidator for purpose of the winding up of Aether X. 3. The requirement for the plaintiff to cause the publication of notice of the application to wind up the plaintiff on the website of the Australian Securities and Investments Commission pursuant to s 465A of the Corporations Act and Reg 5.4.01A of the Corporations Regulations 2001 (Cth) is dispensed with. 4. The plaintiffs' costs of and incidental to this proceeding be costs in the winding up of Aether X. 5. Subject to Order 6 below, stand over generally paragraph 3 of the originating process filed on 30 August 2023. 6. Liberty to apply to the Commercial & Corporations Duty Judge on three days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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