NSW Caselaw
Reported Decision : (2003) 44 ACSR 367 (2003) 21 ACLC 599
New South Wales Supreme Court
CITATION : re Love (as liquidator of ACN 077 368 257 Limited) [2003] NSWSC 58 HEARING DATE(S) : 10/02/03 JUDGMENT DATE : 18 February 2003
JURISDICTION: Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : See paragraphs 34-36
CATCHWORDS : CORPORATIONS- winding up - annual meetings and final meeting to be convened by liquidator in creditors voluntary winding up - company insolvent - failure to convene annual meetings - whether continuing default should be excused by court order - whether annual meeting of members should be dispensed with - whether members should be excluded from final meeting of members and creditors Companies Act 1862 LEGISLATION CITED : Companies (New South Wales) Code Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth) Australasian Memory Pty Ltd v Brien (200) 20 CLR 270 Re Direct Acceptance Corporation Ltd (1987) 5 ACLC 1037 CASES CITED : Gibbons v LibertyOne Ltd (2002) 41 ACSR 442 Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd (1989) 19 NSWLR 434 Re One.Tel Ltd; Walker and Sherman (as liquidators) (2002) 43 ACSR 305 Re Walker (as liquidator of One.Tel Ltd) [2002] NSWSC 705 PARTIES : Andrew John Love (as liquidator of ACN 077 368 257 Limited) - Plaintiff FILE NUMBER(S) : SC 6000/02 COUNSEL : Mr T.G.R. Parker - Plaintiff SOLICITORS : Allens Arthur Robinson - Plaintiff
- 16 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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