In the matter of Camarda & Cantrill Pty Ltd [2015] NSWSC 2067

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Camarda & Cantrill Pty Ltd [2015] NSWSC 2067 Hearing dates: 16 June 2015 Date of orders: 16 June 2015 Decision date: 16 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Leave granted to the defendant to resolve that it be wound up voluntarily. Catchwords: CORPORATIONS – winding up – winding up voluntarily – where winding up application already filed – leave under (CTH) Corporations Act 2001, s 490(1), that company be wound up voluntarily – where leave sought retrospectively – whether in interests of creditors that company be wound up voluntarily rather than compulsorily – difference between members' voluntary winding up and creditors' voluntary winding up – no need for "special circumstances" – where no knowledge of pendency of winding up application – where possibility of duplication of work – ability of voluntary liquidator to act immediately when court-appointed liquidator would have to obtain winding up order – where no opposition by plaintiff creditor – held, leave granted. Legislation Cited: (CTH) Corporations Act 2001, s 490 Cases Cited: In the matter of U-Nited Warranties Pty Ltd [2012] NSWSC 1087 Progress Printers and Distributors Pty Limited v Production and Graphics Communications Pty Limited (1996) 21 ACSR 241 Re Horsham Kyosan Engineering Co Ltd (1972) VR 403 Re Pendonna Pty Limited [2012] NSWSC 631 Category: Principal judgment Parties: Wideform Pty Ltd (ACN 140 976 370) (plaintiff) Camarda & Cantrill Pty Ltd (ACN 000 580 645) (defendant) Representation: Counsel: C Latham (plaintiff) P Newton (defendant)