In the matter of RR Impex Pty Ltd (in liquidation) [2013] NSWSC 1667

Supreme Court New South Wales

Medium Neutral Citation: In the matter of RR Impex Pty Ltd (in liquidation) [2013] NSWSC 1667 Hearing dates: 23 September 2013 (further evidence 22 October 2013) Decision date: 13 November 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made for the release of the liquidator and the deregistration of the company. Order made to dispense with the requirement that the applicant serve updated accounts on creditors of the defendant. Orders made for applicant to pay the second respondent's costs of interlocutory process and applicant's costs of application to be paid out of the assets of the defendant. Catchwords: CORPORATIONS - winding up - liquidators - order sought for release of liquidator and deregistration of company - where liquidator gives evidence that all known assets of the company have been realised - where statement required by r 7.5(4) Supreme Court (Corporations) Rules 1999 (NSW) has been provided by the liquidator. Legislation Cited: - Corporations Act 2001 (Cth) ss 480, 480(d), 481(3), 481(4), 533, 539(2), 544, 601AC, 1322(2) - Corporations Regulations 2001 (Cth) regs 5.6.58-5.6.60, 5.6.62 - Supreme Court (Corporations) Rules 1999 (NSW) rr 7.5(3), 7.5(3)(h), 7.5(3)(l), 7.5(3)(k), 7.5(4), 7.5(6) Cases Cited: - Deputy Commissioner of Taxation v Tideturn Pty Ltd [2001] NSWSC 217; (2001) 37 ACSR 152 - Re Adellos Pty Ltd (in liq) [2013] NSWSC 747 - Re Austral Family Homes Pty Ltd (in liq) (1992) 28 NSWLR 247; (1992) 8 ACSR 322; (1992) 10 ACLC 1125 - Re Wayland as liquidator of ABC Container Line NV (in liq) [2005] NSWSC 1; (2005) 52 ACSR 750 - Singer v Trustee of the Property of Munro [1981] 3 All ER 215 Texts Cited: Austin & Black's Annotations to the Corporations Act [9.1322] Category: Interlocutory applications Parties: Workers Compensation Nominal Insurer (Plaintiff) RR Impex Pty Limited (in liquidation) (Defendant/First Respondent) Scott Daren Pascoe as liquidator of RR Impex Pty Limited (in liquidation) (Applicant) Australian Securities & Investments Commission (Second Respondent on application) Representation: Counsel: F. Reynolds (Solicitor - Applicant) Solicitors: Turks Legal (Applicant) File Number(s): 2011/44673