In the matter of DJG Securities Pty Ltd [2013] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DJG Securities Pty Ltd [2013] NSWSC 588 Hearing dates: 13 May 2013 Decision date: 14 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for the winding up of the defendant and for the appointment of liquidators. Catchwords: CORPORATIONS - winding up - order sought for winding up of defendant under ss 461(1)(e) and 461(1)(k) Corporations Act 2001 (Cth) - just and equitable ground of winding up - whether lack of confidence in the conduct and management of the company's affairs - whether company is solvent CORPORATIONS - winding up - dispensing with procedural requirement of winding up under s 467(3) Corporations Act 2001 (Cth) Legislation Cited: - Corporations Act 2001 (Cth) ss 461(1)(e), 461(1)(k), 462(2), 465A, 467(3) - Supreme Court (Corporations) Rules 1999 (NSW) rr 5.5(3)(b), 5.6(2)(b) Cases Cited: - Australian Securities and Investments Commission v ABC Funds Managers Ltd [2001] VSC 383; (2001) 39 ACSR 443 - Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 2) [2013] FCA 234 - Australian Securities and Investments Commission v Chase Capital Management Pty Ltd [2001] WASC 27; (2001) 36 ACSR 778 - Australian Securities and Investments Commission v Kingsley Brown Properties Pty Ltd [2005] VSC 506 - Australian Securities and Investments Commission v Stone Assets Management Pty Ltd [2012] FCA 630; (2012) 90 ACSR 523 - Koslowski v JSVG Developments Pty Ltd [2010] NSWSC 1022 - Loch v John Blackwood Ltd [1924] AC 783 Category: Principal judgment Parties: Araz Investments Pty Limited (Plaintiff) DJG Securities Pty Limited (Defendant) Representation: Counsel: G. Sirtes (Plaintiff) Solicitors: Swaab Attorneys (Plaintiff) File Number(s): 2013/144363