NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Tianda Iron Ore (Australia) Pty Ltd [2019] NSWSC 891 Hearing dates: 24 April 2019 Decision date: 24 April 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the First Defendant be wound up. Catchwords: CORPORATIONS – application for winding up – where company has not traded for over a year – where there is deadlock between shareholders. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) ss 461, 461(1)(c), 461(1)(k), 467, 467(3)(b) - Supreme Court (Corporations) Rules 1999 (NSW) Cases Cited: - Carter v New Tel Ltd [2003] NSWSC 128; (2003) 44 ACSR 661 - Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; (2001) 37 ACSR 672 - Nassar v Innovative Precasters Group Pty Ltd [2009] NSWSC 342; (2009) 71 ACSR 343 - Re Aspirion Group Pty Ltd (recs and mgrs apptd) [2014] NSWSC 39 - Re The Skippy Film Company Pty Ltd [2017] NSWSC 646 - Re Tivoli Freeholds Ltd [1972] VR 445 Category: Principal judgment Parties: Tianda Iron Ore Limited (Plaintiff) Tianda Iron Ore (Australia) Pty Ltd (First Defendant) Gansu Nonferrous Metal Australia Pty Ltd (Second Defendant) Representation: Counsel: D L Cook SC (Plaintiff) J Pokoney (Solicitor) (Second Defendant)
Solicitors: SHL & Associates Lawyers (Plaintiff) Mills Oakley (Second Defendant) File Number(s): 2018/393202
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