In the matter of Aquaqueen International Pty Limited [2015] NSWSC 212

In the matter of Aquaqueen International Pty Limited [2015] NSWSC 212

The winding-up application was determined on 20 November 2014 when the final winding-up order was made, even though its operation was stayed. Since time for determining the application had been extended at least to 31 December 2014, Corporations Act, s 459R(3) did not operate to dismiss the originating process, and Ms Penson's application to dismiss the process and avoid the liquidator's appointment was misconceived.

Jurisdiction
Australia
Judgment Date
02 March 2015
Procedural Posture
Corporations List Interlocutory Process in Winding Up Proceedings / Application to Dismiss Originating Process and Avoid Liquidator Appointment After Winding Up Order
Outcome
Interlocutory process dismissed
Legal Topics
['winding Up in Insolvency' 'time for Determination of Winding Up Application' 'stay of Winding Up Order' 'appointment of Liquidator' 'substitution of Plaintiffs']
['corporations Law' 'insolvency Law'] ['winding Up in Insolvency' 'time for Determination of Winding Up Application' 'stay of Winding Up Order' 'appointment of Liquidator' 'substitution of Plaintiffs']

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 List Interlocutory Process in Winding Up Proceedings / Application to Dismiss Originating Process and Avoid Liquidator Appointment After Winding Up Order

Legal Issues

  1. 1 ['Whether the winding-up application was not determined within the time required by Corporations Act, s 459R because the last extension expired on 31 December 2014.' 'Whether a winding-up application is determined when a winding-up order is made notwithstanding that the order is stayed.' 'Whether the originating process should be dismissed and the appointment of the liquidator avoided under Corporations Act, s 459R(3).']

Ratio Decidendi

The winding-up application was determined on 20 November 2014 when the final winding-up order was made, even though its operation was stayed. Since time for determining the application had been extended at least to 31 December 2014, Corporations Act, s 459R(3) did not operate to dismiss the originating process, and Ms Penson's application to dismiss the process and avoid the liquidator's appointment was misconceived.

Court Disposition

Interlocutory process dismissed

Orders

  • ['The applicant Shirley Penson have leave to amend the interlocutory process by filing an amended interlocutory process in the form initialled by the Court, dated 2 March 2015 and placed with the papers.' 'The amended interlocutory process be dismissed.' "Ms Penson personally pay the plaintiffs' costs of the...