In the matter of Westside Sugar Cane Juicery Pty Ltd [2015] NSWSC 1991

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Westside Sugar Cane Juicery Pty Ltd [2015] NSWSC 1991 Hearing dates: 6 July 2015 Decision date: 06 July 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the winding up of Westside Sugar Cane Juicery Pty Limited ACN 126 732 554 be terminated with effect from 9 July 2015. Liberty to the parties to apply on 24 hours' notice specifying the relief sought. Catchwords: CORPORATIONS – winding up – application to terminate a winding up – where company failed to notify ASIC of a change of registered office – where company did not receive a demand sent by a creditor – where that creditor successfully brought an application to wind up the company in the company's absence – where liquidator consents to termination of the winding up – whether company is solvent and winding up should be terminated. Legislation Cited: - Corporations Act 2001 (Cth) s 482 - Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: - Double Bay Newspapers Pty Ltd v Fitness Lounge Pty Limited [2006] NSWSC 226; (2006) 57 ACSR 131 - Expile Pty Limited v Jabb's Excavations Pty Ltd [2003] NSWCA 163; (2003) 45 ACSR 711 - Re Joe's European Auto Specialists Pty Limited [2014] NSWSC 195 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Warbler Pty Limited (1982) 6 ACLR 526 - Re Yelin Group Pty Limited [2012] NSWSC 74 - Workers Compensation Nominal Insurer v Teca Pty Limited [2011] NSWSC 686 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Westside Sugar Cane Juicery Pty Ltd (Defendant) Mr Mahesh Raj (Applicant) Representation: Counsel: C Bavin (Solicitor – Plaintiff) W Ward (Mr Mahesh Raj – Applicant) M Rozdal (Solicitor – Liquidator of Defendant)