In the matter of Deccan Holdings Pty Ltd (in liquidation) [2015] NSWSC 1989

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Deccan Holdings Pty Ltd (in liquidation) [2015] NSWSC 1989 Hearing dates: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Interlocutory Process dated 15 December 2015 be dismissed. Stay Order 1 to 4pm, 15 January 2016. Liberty to apply on two business days' notice, by notice to the Associate to Black J. Catchwords: CORPORATIONS – winding up – application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – where company in liquidation was trustee holding shares for other entities associated with the directors – where application brought by director of company – where application supported by assertions as to the company's solvency by the directors and unverified financial statements – whether to terminate winding up. Legislation Cited: - Corporations Act 2001 (Cth) ss 482 Cases Cited: - Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWCA 163; (2003) 45 ACSR 711 - Owners Strata Plan 70294 v LNL Global Enterprises Pty Ltd [2006] NSWSC 1386; (2006) 60 ACSR 646 - QBE Workers' Compensation Pty Ltd v P Russell Enterprises Pty Ltd [2005] NSWSC 1128 - Re 311 Hume Highway Liverpool Fund Pty Ltd (in liq) [2013] NSWSC 465; (2013) 93 ACSR 683 - Re Glass Recycling Pty Ltd [2014] NSWSC 439 - Re Pine Forests of Australia (Canberra) Pty Ltd [2010] NSWSC 1127 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Warbler Pty Ltd (1982) 6 ACLR 526 Category: Procedural and other rulings Parties: Marie-Louise Florian-Kellett (Plaintiff) Deccan Holdings Pty Ltd (in liquidation) (Defendant) Glenn Reindel (Applicant) Representation: Counsel: J Brown (Solicitor) (Applicant)