NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Anke Smart City (HK) Ltd (in liq) [2019] NSWSC 312 Hearing dates: 1 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Grant special leave to the liquidator to distribute the surplus in the liquidation in the specified manner and associated orders made. Catchwords: CORPORATIONS – winding up – conduct of liquidation – application for special leave to distribute surplus in liquidation – where company in liquidation has only one shareholder – where shareholder is registered in Australia as a foreign company – where shareholder has no Australian bank account – whether special leave should be granted. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5B.2, ss 488, 488(2), 583, 601CL - Supreme Court (Corporations) Rules 1999 (NSW) rr 2.13, 7.9 Cases Cited: - CGU Workers Compensation (NSW) Ltd v Ascom Service Automation (Australia) Pty Ltd [2005] NSWSC 747 Re Hawden Property Group Pty Ltd (in liq) (2018) 125 ACSR 355 Category: Procedural and other rulings Parties: Quentin James Olde (First Applicant) Anke Smart City (HK) Ltd (in liq) (Second Applicant) Representation: Counsel: J Hynes (Applicants) S Godfrey (Solicitor) (for Interested Party)
Solicitors: Johnson Winter & Slattery (Applicants) MinterEllison (Interested Party) File Number(s): 2015/339528
Judgment – ex tempore (revised 5 march 2019)
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