NSW Caselaw
New South Wales Supreme Court
CITATION : Workers Compensation Nominal Insurer v Detailed Flooring Pty Ltd [2010] NSWSC 1056 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13/09/10
JUDGMENT DATE : 15 September 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
1. I note the undertakings of Asher Davis in paragraphs 1, 2 and 3 of the document produced to the court on 13 September 2010 and initialled and dated by me today. DECISION : 2. Upon those undertakings, I order that the winding up of Detailed Flooring Pty Ltd ACN 114 439 413 be terminated this day, 15 September 2010. 3. The order may be taken out forthwith. 4. I note that the parties have made an agreement with respect to the costs of the application and that no order as to costs is sought.
CATCHWORDS : CORPORATIONS - winding up - winding up by the court in insolvency - winding up order made in the company's absence - application by creditor/contributory/director for order setting aside the winding up order or in the alternative terminating the winding up - standing of creditor or contributory to seek order setting aside the winding up order - held any such application must be by the company - company cannot apply at instigation of officers except with s 471A(1A) approval - no such approval granted or sought - consideration of factors relevant to application to set aside order made at hearing in the absence of a party - applicant must show that it is unjust to allow the perfected order to stand - not shown in this case where plaintiff proceeded on faith of ASIC record of situation of registered office at a place at which the company was no longer contactable - alternative claim by creditor/contributory/director for order terminating winding up - standing unquestioned - distinction between approach on this application and the application for an order setting aside the winding up order - solvency sufficiently shown - winding up terminated
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