Spooner, in the matter of Wengen Pty Ltd (in liquidation) (No 2) [2023] FCA 32

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations – Winding Up / Application for Release of Liquidator and Deregistration of Company

  1. 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.']