In the matter of We Will Pty Ltd [2015] NSWSC 2068

Supreme Court New South Wales

Medium Neutral Citation: In the matter of We Will Pty Ltd [2015] NSWSC 2068 Hearing dates: 18 June 2015 Date of orders: 18 June 2015 Decision date: 18 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Winding up of defendant company terminated. Catchwords: CORPORATIONS – winding up – winding up order made in default of appearance – application for termination of winding up – whether satisfactory explanation for absence of representation upon making of winding up order – whether application should proceed under (NSW) Uniform Civil Procedure Rules 2005, r 36.16 or (CTH) Corporations Act 2001, s 482 – where no defence to winding up order at date of order – appropriateness of proceeding under s 482 – whether condition founding winding up order still exists – whether commercially and morally safe to entrust management of company to directors – absence of opposition to termination of winding up by petitioning creditor or liquidator – held, winding up terminated. Legislation Cited: (CTH) Corporations Act 2001, s 482 (NSW) Uniform Civil Procedure Rules 2005, r 36.16 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (plaintiff/first respondent) We Will Pty Ltd (in liquidation) (defendant) MFT Investments Group Pty Ltd (first applicant) Nader Mannoun (second applicant) Andrew Scott in his capacity as liquidator of We Will Pty Ltd (in liquidation) (second respondent) Representation: Counsel: C Bavin (plaintiff/first respondent) T Fishburn (applicants)