NSW Caselaw
Reported Decision : 52 ACSR 750
New South Wales Supreme Court
CITATION : ABC Containerline NV (In Liq) - Application of Liquidator [2005] NSWSC 1
HEARING DATE(S) : 13/12/04
JUDGMENT DATE : 1 February 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Short minutes to be brought in
CATCHWORDS : CORPORATIONS - winding up - foreign corporation adjudged bankrupt in place of origin - subsequent winding up order under Corporations Law - application by liquidator for discharge - considerations relevant to such application - preliminary ruling as to substituted notification requirements appropriate to particular circumstances.
LEGISLATION CITED : Corporations Law, s.583
Australian Securities and Investments Commission v Edwards [2004] QSC 344 Australian Securities and Investments Commission v International Unity Insurance (General) Ltd [2004] FCA 1060 Deputy Commissioner of Taxation v Tideturn Pty Ltd (2001) 37 ACSR 152 Duffy v Super Centre Development Corporation Ltd [1967] 1 NSWR 382 In re English Scottish and Australian Chartered Bank [1893] 3 Ch 385 Peninsular Group Ltd v Kintsu Co Ltd (1998) 44 NSWLR 534 CASES CITED : Re Australian Federal Life and General Assurance Co Ltd [1931] VLR 317 Re Autistic Therapy Society of Queensland Ltd (1981) 5 ACLR 658 Re CW Constructions Pty Ltd (1996) 22 ACSR 78 Re Hibernian Merchants Ltd [1958] Ch 76 Re Munro [1981] 1 WLR 1358 Re Timberland Ltd (1979) 4 ACLR 259
Michael Edward Wayland as liquidator of ABC Containerline NV (In Liq) - Plaintiff PARTIES :
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