In the matter of St Gregory’s Armenian School Inc: Ghougassian v Arnautovic in his capacity as Liquidator of St Gregory’s Armenian School Inc [2018] NSWSC 1022

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School Inc: Ghougassian v Arnautovic in his capacity as Liquidator of St Gregory's Armenian School Inc [2018] NSWSC 1022 Hearing dates: 9, 10, 11 April, 6, 7, 8 June 2018 Decision date: 09 July 2018 Jurisdiction: Equity Before: Emmett AJA Decision: 1. The second further amended originating process is dismissed.

2. The plaintiffs are to pay the Liquidators' costs. Catchwords: CORPORATIONS – winding up – application for order that winding up of St Gregory's Armenian School Inc be terminated under s 482 of the Corporations Act 2001 (Cth) – whether applicants have standing to make application – whether order should be made in circumstances where winding up is virtually complete – no realistic explanation as to how the Association could recommence operation – not appropriate to make order sought Legislation Cited: Bankruptcy Act 1966 (Cth) Companies (New South Wales) Code 1981 Companies Act 1862 (UK) Companies Act 1948 (UK) Companies Act 1961 (NSW) Corporations Act 2001 (Cth) Cases Cited: Bailey v Johnson (1872) LR7 Ex. Cases 263 Commonwealth Bank v St Gregory's Armenian School [2010] NSWSC 191 Dubulo Pty Ltd (t/as Fender Signs) v Codrington Investment Corp Pty Ltd (1998) 26 ACSR 723 In Re Telescriptor Syndicate Ltd [1903] 2 Ch 174 In the Matter of Glass Recycling Pty Ltd [2014] NSWSC 439 In the matter of Sutherland, Arnautovic and Civil [2016] NSWSC 754 McAusland v Commissioner of Taxation (1993) 47 FCR 369 Modena Imports Pty Ltd (in liq), In the matter of; Leveraged Capital Pty Ltd (R&M app) (in liq) v Modena Imports Pty Ltd (in liq) [2010] NSWSC 739 Re CNL Transport Pty Ltd (in liq) Hunt v Smith & Anor [2017] NSWSC 291 Re Data Holmes Pty Ltd [1972] 2 NSWLR 22 Re Lawson (1939) 11 ABC 137 Re St Gregory's Armenian School Inc [2012] NSWSC 1042 Re St Gregory's Armenian School Inc [2012] NSWSC 1215 Re St Gregory's Armenian School Inc [2015] NSWSC 1465 Re St Gregory's Armenian School Inc [2015] NSWSC 1701 Re Warbler Pty Ltd (1982) 6 ACLR 526 Sutherland v Ghougassian (No 2) [2012] NSWSC 325 Sutherland v Ghougassian and Ors (No 3) [2012] NSWSC 334 Sutherland v Ghougassian and Ors [2012] NSWSC 125 Vartanians v St Gregory's Armenian School Inc [2010] NSWSC 701 (1) Vartanians v St Gregory's Armenian School Inc (2) Commonwealth Bank of Australia v Michael Ghougassian [2011] NSWSC 406 Category: Principal judgment Parties: Michael Ghougassian (First Plaintiff) Daniel Ghougassian (Second Plaintiff) Sule Arnautovic in his capacity as Liquidator of St Gregory's Armenian School Inc (Defendant) Representation: Counsel: P E King (Plaintiffs) J K Taylor with Z M Hillman (Defendant)