In the matter of U-Nited Warranties Pty Ltd [2012] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: In the matter of U-Nited Warranties Pty Ltd [2012] NSWSC 1087 Hearing dates: 6 August 2012 Decision date: 06 August 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Leave granted nunc pro tunc for Defendant to be wound up voluntarily. Leave granted for Plaintiff's application filed 25 June 2012 to be discontinued. Costs of Plaintiff's application be costs of the winding up payable following liquidator's costs and expenses. Catchwords: CORPORATIONS - Winding up - Creditor's petition to wind up - Whether there is any advantage to the appointment of a liquidator by the court - Whether leave should be granted to the company to resolve that it be wound up voluntarily. Legislation Cited: - Corporations Act 2001 (Cth) ss 490, 490(1)(a) - Supreme Court (Corporations) Rules 1999 (NSW) r 5.8 Cases Cited: - Progress Printers and Distributors Pty Ltd v Production and Graphics Communications Pty Ltd (1996) 21 ACSR 241 - Re Horsham Kyosan Engineering Co Ltd [1972] VFR 403 - Re North Western Fruitgrowers Pty Ltd [1965] VR 306 - Re Pendonna Pty Ltd [2012] NSWSC 631 Category: Interlocutory applications Parties: TNT Australia Pty Ltd (Plaintiff) U-Nited Warranties Pty Ltd (Defendant) Representation: Counsel: D. Solomons (sol.) (Plaintiff) R. Carter (sol.) (Defendant) Solicitors: Ashurst Australia (Plaintiff) Middletons (Defendant) File Number(s): 12/198314