C.A.R.E. Employment & Training Services Pty Ltd, in the matter of C.A.R.E. Employment & Training Services Pty Ltd (No 2) [2020] FCA 1006

C.A.R.E. Employment & Training Services Pty Ltd, in the matter of C.A.R.E. Employment & Training Services Pty Ltd (No 2) [2020] FCA 1006

The winding up of the first plaintiff should be terminated as all creditors' claims would be extinguished upon effectuation of the DOCA, the creditors consented, there would be no prejudice to creditors, the company would be solvent, and the requirements for termination under s 482(1) had been satisfied.

Parties
First Plaintiff: C.A.R.E. Employment & Training Services Pty Ltd (in liquidation) ACN 106 294 080; Second Plaintiff: Jeremy Joseph Nipps and Barry Wight in their capacities as joint and several liquidators of C.A.R.E. Employment & Training Services Pty Ltd (in liquidation) ACN 106 294 080
Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Corporations – Application to Terminate Winding Up / Final Hearing – Application Determined on the Papers
Outcome
Winding up of the first plaintiff terminated under s 482(1) of the Corporations Act 2001 (Cth). Notice of orders to be lodged with ASIC within 14 days.
Legal Topics
Termination of Winding Up, Voluntary Administration, Deed of Company Arrangement
Corporations Law Corporate Insolvency Termination of Winding Up Voluntary Administration Deed of Company Arrangement

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Parties

C.A.R.E. Employment & Training Services Pty Ltd (in liquidation) ACN 106 294 080

First Plaintiff

Jeremy Joseph Nipps and Barry Wight in their capacities as joint and several liquidators of C.A.R.E. Employment & Training Services Pty Ltd (in liquidation) ACN 106 294 080

Second Plaintiff

Procedural Posture

Corporations – Application to Terminate Winding Up / Final Hearing – Application Determined on the Papers

Legal Issues

  1. 1 Whether the winding up of the first plaintiff should be terminated under s 482(1) of the Corporations Act 2001 (Cth)

Ratio Decidendi

The winding up of the first plaintiff should be terminated as all creditors' claims would be extinguished upon effectuation of the DOCA, the creditors consented, there would be no prejudice to creditors, the company would be solvent, and the requirements for termination under s 482(1) had been satisfied.

Court Disposition

Winding up of the first plaintiff terminated under s 482(1) of the Corporations Act 2001 (Cth). Notice of orders to be lodged with ASIC within 14 days.

Orders

  • Pursuant to s 482(1) of the Corporations Act 2001 (Cth) the winding up of the first plaintiff is terminated.
  • Notice of these orders be lodged with the Australian Securities and Investments Commission under s 482(5) of the Corporations Act 2001 (Cth) within 14 days of the making of these orders.