NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of MWM Sydney Pty Limited (in liquidation) [2016] NSWSC 688 Hearing dates: 11 and 12 April 2016 Decision date: 12 April 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that company's winding up be terminated. Order to be deferred until liquidator's costs are discharged from monies held by liquidator. Catchwords: CORPORATIONS — Winding up — Application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – where matters arising from company's change of business address led to its failure to pay its taxes which resulted in its winding up – whether company is and will be solvent in future – whether company's conduct was contrary to public interest such that court may decline termination of winding up – whether to terminate winding up. Legislation Cited: - Corporations Act 2001 (Cth), s 482, Ch 7 Cases Cited: - Apostolou v VA Corporation of Australia Pty Ltd [2010] FCA 64; (2010) 77 ACSR 84 - Dubolo Pty Ltd (t/as Fender Signs) v Codrington Investment Corporation Pty Ltd (1998) 26 ACSR 723 - Mercy & Sons Pty Ltd v Wanari Pty Ltd [2000] NSWSC 756; (2000) 35 ACSR 70 - Metledge v Bambakit Pty Ltd (in liq) [2005] NSWSC 160 - Re 311 Hume Highway Liverpool Fund Pty Ltd (in liq) [2013] NSWSC 465; 93 ACSR 683 - Re Avenue Investment Capital Pty Ltd (in liq) [2015] NSWSC 1919 - Re Glass Recycling Pty Ltd [2014] NSWSC 439 - Re Kitchen Dimensions Pty Ltd (in liq) [2012] VSC 280 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Warbler Pty Ltd (1982) 6 ACLR 526 - Vero Workers Compensation (NSW) Ltd v Ferretti Pty Ltd [2006] NSWSC 292; (2006) 57 ACSR 103 - Von Risefer v Mainfreight International Pty Ltd [2009] VSCA 129; (2009) 73 ACSR 427 Category: Principal judgment Parties: Paul John Hope (Plaintiff) Nicholas Malanos as liquidator of MWM Sydney Pty Ltd (In Liquidation) (Defendant) Representation: Counsel: A Spencer (Plaintiff) J M White (Defendant)
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