NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Kele Group Holdings Pty Ltd [2021] NSWSC 412 Hearing dates: 19 April 2021 Date of orders: 22 April 2021 Decision date: 22 April 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the proceedings be dismissed; order that the plaintiff is to pay the defendant's costs of the proceedings. Catchwords: CORPORATIONS – winding up – application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – where applicant offered undertakings as to providing for company's solvency upon termination – whether company is and will be solvent in future – termination application dismissed Legislation Cited: Corporations Act 2001 (Cth), ss 482, 198G Cases Cited: Re CNL Transport Pty Ltd (in liq) [2017] NSWSC 291 Re Glass Recycling Pty Ltd [2014] NSWSC 439 Re Pine Forests of Australia (Canberra) Pty Ltd [2010] NSWSC 1127 Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 Re Spartan Pastoral Company Pty Ltd (in liq) [2020] NSWSC 1218 Wily v Terra Cresta Business Solutions Pty Ltd [2006] NSWSC 1042 Category: Principal judgment Parties: Hilda Elias (Plaintiff) Kele Group Holdings Pty Ltd (In Liquidation) ACN 063 598 596 (Defendant) Representation: Counsel: Mr M Rosenblatt (solicitor) (Plaintiff) Ms H Tibbey (solicitor) (Defendant)
Solicitors: SR Legal Pty Ltd (Plaintiff) JHK Legal (Defendant) File Number(s): 2021/96119 Publication restriction: N/A
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