Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783

Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783

Given that Maneroo Pty Ltd has no creditors apart from the liquidator, whose fees are provided for, is solvent, the liquidator supports the application, and all relevant factors from Re Warbler and related authorities have been satisfied (including the interests of members), it is appropriate to terminate the winding up under s 482(1) of the Corporations Act 2001 (Cth).

Parties
First Plaintiff: Richard Herbert Judson in his capacity as the Liquidator for Maneroo Pty Ltd (in liquidation) ACN 010 363 756; Second Plaintiff: Graham Leslie Huddy; Third Plaintiff: Linda Frances Huddy
Jurisdiction
Australia
Judgment Date
29 July 2015
Procedural Posture
Corporations – Application to Terminate Winding Up of Company / Final Determination – Orders Made to Terminate Winding Up
Outcome
Winding up terminated
Legal Topics
Termination of Winding Up, Liquidation, Application Under S 482 of the Corporations Act
Corporations Law Termination of Winding Up Liquidation Application Under S 482 of the Corporations Act

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Parties

Richard Herbert Judson in his capacity as the Liquidator for Maneroo Pty Ltd (in liquidation) ACN 010 363 756

First Plaintiff

Graham Leslie Huddy

Second Plaintiff

Linda Frances Huddy

Third Plaintiff

Procedural Posture

Corporations – Application to Terminate Winding Up of Company / Final Determination – Orders Made to Terminate Winding Up

Legal Issues

  1. 1 Whether the Court should terminate the winding up of Maneroo Pty Ltd (in liquidation) under s 482(1) of the Corporations Act 2001 (Cth)

Ratio Decidendi

Given that Maneroo Pty Ltd has no creditors apart from the liquidator, whose fees are provided for, is solvent, the liquidator supports the application, and all relevant factors from Re Warbler and related authorities have been satisfied (including the interests of members), it is appropriate to terminate the winding up under s 482(1) of the Corporations Act 2001 (Cth).

Court Disposition

Winding up terminated

Orders

  • Pursuant to s 482(1) of the Corporations Act 2001 (Cth), the winding up of Maneroo Pty Ltd (in liquidation) ACN 010 363 756 be terminated on the date of this order.
  • The order be entered forthwith.