In the matter of R & S Trading Company Pty Limited (in liquidation) [2015] NSWSC 1712

Supreme Court New South Wales

Medium Neutral Citation: In the matter of R & S Trading Company Pty Limited (in liquidation) [2015] NSWSC 1712 Hearing dates: 13 July 2015 Decision date: 13 July 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders in accordance with short minutes of order terminating the winding up, including for service of documents on the Australian Securities and Investments Commission and reserve to it liberty to apply. Catchwords: CORPORATIONS – Winding up – Application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – Where expert report assesses the Company's solvency – Where director gives undertaking supporting the Company's ability to meet debts as and when they fall due – Where liquidator neither consented to nor opposed the application – Whether to terminate winding up. Legislation Cited: - Corporations Act 2001 (Cth) ss 286, 482 - Supreme Court (Corporations) Rules 1999 (NSW) Cases Cited: - Re Glass Recycling Pty Ltd [2014] NSWSC 439 Category: Procedural and other rulings Parties: Maria Ong (Applicant) Workers Compensation Nominal Insurer (First Respondent/Plaintiff) Andrew Scott (in his capacity as Liquidator of R & S Trading Company Pty Limited (in liquidation) (Second Respondent) R & S Trading Company Pty Limited (in liquidation) (Third Respondent/Defendant) Representation: Counsel: B Skinner (Applicant) F Reynolds (Second and Third Respondents)

Solicitors: Anthony Clive Parisi (Applicant) TurksLegal (Second and Third Respondents) File Number(s): 2015/113099