NSW Caselaw
New South Wales Supreme Court
CITATION : Macquarie Bank Ltd v TM Investments Pty Ltd [2005] NSWSC 608
HEARING DATE(S) : 20/06/05
JUDGMENT DATE : 23 June 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Winding up orders in respect of third and fourth defendants. Reinstatement and winding up orders in respect of second defendant
CATCHWORDS : CORPORATIONS - winding up - just and equitable ground - application by creditor - whether plaintiff is creditor with standing - companies shown to have engaged in fabricated transactions - principals banned for life from acting as investment advisers - just and equitable ground made out
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.461(1)(k), 601AH(2)
Australian Securities Commission v AS Nominees Ltd (1995) 18 ACSR 459 Australian Securities and Investments Commission v Chase Capital Management Pty Ltd (2001) 36 ACSR 778 Donmastry Pty Ltd v Albarran (2004) 49 ACSR 745 CASES CITED : International Hospitality Concepts Pty Ltd v National Marketing Concepts Inc (No. 2) (1994) 13 ACSR 368 Re London and County Coal Company (1866) LR 3 Eq 355 Re Producers Real Estate and Finance Company Ltd [1936] VLR 235
Macquarie Bank Ltd - Plaintiff TM Investments Pty Ltd - First Defendant Progressive Securities Pty Ltd - Second Defendant PARTIES : Capital Investments Group (Australia) Pty Ltd - Third Defendant Progressive Investments Security Pty Ltd - Fourth Defendant Mr Tunde Doja - Applicant
FILE NUMBER(S) : SC 2641/05
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