Spooner, in the matter of Wengen Pty Ltd (in liquidation) (No 2) [2023] FCA 32
The liquidators satisfied all statutory and procedural requirements for release and deregistration, and no objection was raised by creditors or ASIC. The evidence supported that all property was realised and liabilities paid. Accordingly, the orders for release and deregistration were made.
- Jurisdiction
- Australia
- Judgment Date
- 30 January 2023
- Procedural Posture
- Corporations – Winding Up / Application for Release of Liquidator and Deregistration of Company
- Outcome
- Application granted
- Legal Topics
- ['winding Up' 'release of Liquidator' 'deregistration of Company']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporations – Winding Up / Application for Release of Liquidator and Deregistration of Company
Legal Issues
- 1 ['Whether the requirements of s 480(d) of the Corporations Act 2001 (Cth) and rule 7.5 of the Federal Court (Corporations) Rules 2000 (Cth) for liquidator release and company deregistration are met']
Ratio Decidendi
The liquidators satisfied all statutory and procedural requirements for release and deregistration, and no objection was raised by creditors or ASIC. The evidence supported that all property was realised and liabilities paid. Accordingly, the orders for release and deregistration were made.
Court Disposition
Application granted
Orders
- ['Pursuant to section 480(d) of the Corporations Act 2001 (Cth), the applicants as joint and several Liquidators of Wengen Pty Ltd (in liquidation), be released and the Australian Securities and Investment Commission deregister that company.']
Full Case Text
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