DCT v Sydney Concrete Steel [1999] NSWSC 494

DCT v Sydney Concrete Steel [1999] NSWSC 494

The Court was satisfied that the substantive orders should be made because the applicant supplied further external accountant evidence particularising the company's history of payment of group tax and prescribed payments tax and giving further information about trade debtors and trade creditors, and the plaintiff and liquidator neither supported nor opposed the application.

Jurisdiction
Australia
Judgment Date
14 May 1999
Procedural Posture
Corporations Winding Up Proceedings / Application Under S 482(1) of the Corporations Law to Terminate Winding Up
Outcome
Winding up terminated.
Legal Topics
['winding Up' 'termination of Winding Up' 'evidence Required on Application to Terminate Winding Up']
['corporations Law'] ['winding Up' 'termination of Winding Up' 'evidence Required on Application to Terminate Winding Up']

Case Brief

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Procedural Posture

Corporations Winding Up Proceedings / Application Under S 482(1) of the Corporations Law to Terminate Winding Up

Legal Issues

  1. 1 ['Whether the winding up of Sydney Concrete Steel Fixing Pty Ltd should be terminated under s 482(1) of the Corporations Law.' 'Whether the evidence was sufficient to justify termination of the winding up, including evidence concerning non-appearance, tax payment history, trade debtors and trade creditors.']

Ratio Decidendi

The Court was satisfied that the substantive orders should be made because the applicant supplied further external accountant evidence particularising the company's history of payment of group tax and prescribed payments tax and giving further information about trade debtors and trade creditors, and the plaintiff and liquidator neither supported nor opposed the application.

Court Disposition

Winding up terminated.

Orders

  • ['Orders 3, 4, 5 and 7 on the motion were made.' 'The matter referred to in paragraph 6 of the motion was noted.']