Shaw, in the matter of B & V Lynch Pty Ltd v B & V Lynch Pty Ltd [2015] FCA 908

Shaw, in the matter of B & V Lynch Pty Ltd v B & V Lynch Pty Ltd [2015] FCA 908

Leave under s 490(1) was granted nunc pro tunc because the Deputy Commissioner knew from 22 April 2015 that the plaintiffs were acting as voluntary liquidators and acquiesced, was represented at the creditors' meeting confirming their appointment, did not oppose the orders, there was no evidence of recovery action that could be affected by the relation-back day, and the liquidators had performed substantial work affecting third parties that it was desirable to validate.

Jurisdiction
Australia
Judgment Date
20 August 2015
Procedural Posture
Application for Leave Nunc Pro Tunc Under S 490(1) of the Corporations Act 2001 (cth) for Voluntary Winding Up and Appointment of Voluntary Liquidators / Reasons for Orders Granting Leave
Outcome
Application granted.
Legal Topics
['voluntary Winding Up' 'leave Nunc Pro Tunc' 'appointment of Liquidators' 'winding Up Application by Creditor']
['corporations' 'insolvency'] ['voluntary Winding Up' 'leave Nunc Pro Tunc' 'appointment of Liquidators' 'winding Up Application by Creditor']

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Procedural Posture

Application for Leave Nunc Pro Tunc Under S 490(1) of the Corporations Act 2001 (cth) for Voluntary Winding Up and Appointment of Voluntary Liquidators / Reasons for Orders Granting Leave

Legal Issues

  1. 1 ['Whether leave should be granted nunc pro tunc under s 490(1) of the Corporations Act 2001 (Cth) for the defendant to be wound up voluntarily despite a prior winding up application filed by the Deputy Commissioner of Taxation.' "Whether the plaintiffs' appointment as joint and several voluntary liquidators from 20 April 2015 should be validated."]

Ratio Decidendi

Leave under s 490(1) was granted nunc pro tunc because the Deputy Commissioner knew from 22 April 2015 that the plaintiffs were acting as voluntary liquidators and acquiesced, was represented at the creditors' meeting confirming their appointment, did not oppose the orders, there was no evidence of recovery action that could be affected by the relation-back day, and the liquidators had performed substantial work affecting third parties that it was desirable to validate.

Court Disposition

Application granted.

Orders

  • ['Leave be granted nunc pro tunc pursuant to s 490(1) of the Corporations Act 2001 (Cth) for the defendant to be wound up voluntarily on 20 April 2015, and for the plaintiffs to be appointed joint and several liquidators of the defendant on and from that date.' "The plaintiffs' costs of this proceeding be paid in...