In the matter of LCC F&B Pty Ltd [2018] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: In the matter of LCC F&B Pty Ltd [2018] NSWSC 1202 Hearing dates: 31 July 2018 Date of orders: 31 July 2018 Decision date: 31 July 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. I order that LCC F&B Pty Ltd ACN 612 804 038 be wound up pursuant to section 459 of the Corporations Act 2001 (Cth). 2. I order that Michael John Morris Smith of Smith Hancock, an official liquidator, be appointed as liquidator of the company. 3. I order that the orders be entered forthwith. 4. Costs of the plaintiff, save as already ordered in these proceedings, be paid out of the assets of the company on the winding up. Catchwords: CORPORATIONS – Winding up – Statutory demand – Failure to comply with statutory demand Legislation Cited: Corporations Act 2001 (Cth), ss 60, 459P, 459S Cases Cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Cato Brand Partners Pty Ltd v Air India Limited [2016] VSC 28 Commissioner for ACT Revenue v Highrise Concrete Contractors (Aust) Pty Ltd [2014] ACTSC 407 Elite Motor Campers Australia v Leisureport Pty Ltd (1996) 22 ACSR 235 In the matter of Vangory Holdings Pty Ltd [2015] NSWSC 546 Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 Category: Principal judgment Parties: Fu Leung Cheng (Plaintiff) LCC F&B Pty Ltd ACN 612 804 038 (Defendant) Representation: Counsel: R Perla (Plaintiff) S Chan (in person)