In the matter of Nostalgia Motorcycles Pty Limited (in liquidation) [2015] NSWSC 2036

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nostalgia Motorcycles Pty Limited (in liquidation) [2015] NSWSC 2036 Hearing dates: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made for termination of winding up. Orders to be entered forthwith. Catchwords: CORPORATIONS — Winding up — Application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up — where evidence provided as to Company's solvency – where undertakings to pay liquidator's remuneration provided – where petitioning creditor's debt to be paid – whether to terminate winding up. Legislation Cited: - Corporations Act 2001 (Cth), ss 473, 482 - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWCA 163; (2003) 45 ACSR 711 - Re Gia Firenze Investments Pty Ltd [2013] NSWSC 99 - Re Glass Recycling Pty Ltd [2014] NSWSC 439 - Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) 48 ACSR 681 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Warbler Pty Ltd (1982) 6 ACLR 526 Category: Principal judgment Parties: Daniel John Thomas Browne (Applicant) Nostalgia Motorcycles Pty Limited (in liquidation) (Respondent) Representation: Counsel: S Golledge (Applicant) B Gower (solicitor – Creditor) Solicitors: Bartier Perry (Applicant) Dejure Lawyers (Creditor) File Number(s): 2015/321987