NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of LISAP Cosmetics Australia Pty Ltd [2019] NSWSC 205 Hearing dates: 23 January 2019 Decision date: 23 January 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Declare that the Plaintiff's prior application for an order to be wound up not be invalid by reason of the fact that the resolution to be wound up was only passed by one director. The requirement for advertising and publication be dispensed with and a liquidator be appointed to the Plaintiff. Catchwords: CORPORATIONS – Winding up – Application to validate application for winding up under s 1322 of the Corporations Act 2001 (Cth) – where resolution to apply to be wound up passed by only one director – where resolutions of the company must be passed by two directors – where company has only one director – whether it is just and equitable to validate the application – whether the power under s 1322(4)(a) of the Corporations Act should be exercised. Legislation Cited: - Corporations Act 2001 (Cth) ss 249B, 461, 556, 1322 Cases Cited: - Correa v Whittingham [2013] NSWCA 263 - Weinstock v Beck (2013) 251 CLR 396 Category: Principal judgment Parties: Lisap Cosmetics Australia Pty Ltd (Plaintiff) Caithness99 Pty Ltd (Defendant) Representation: Counsel: J Baird (Plaintiff) P Bolster (Defendant)
Solicitors: Ronayne Owens Lawyers Pty Ltd (Plaintiff) Pikes & Verekers (Defendant) File Number(s): 2019/18975
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