Cassidy, in the matter of Pattrupp Holdings Pty Ltd v Pattrupp Holdings Pty Ltd [2011] FCA 929

Cassidy, in the matter of Pattrupp Holdings Pty Ltd v Pattrupp Holdings Pty Ltd [2011] FCA 929

Because the plaintiff's evidence showed that the defendant companies had no director, had not met Court-ordered payment obligations, had failed to produce documents, might have transferred the EdSonic business and assets, and did not appear despite service, the Court was satisfied there was sufficient urgency and an appropriate basis to appoint a provisional liquidator to both defendant companies.

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Corporations Application for Appointment of Provisional Liquidator / Interlocutory Application Under S 472(2) of the Corporations Act 2001 (cth)
Outcome
Application granted; provisional liquidator appointed to both defendant companies.
Legal Topics
['appointment of Provisional Liquidator' 'winding Up' 'just and Equitable Winding Up' 'judgment Debts' 'corporate Control']
['corporations'] ['appointment of Provisional Liquidator' 'winding Up' 'just and Equitable Winding Up' 'judgment Debts' 'corporate Control']

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Procedural Posture

Corporations Application for Appointment of Provisional Liquidator / Interlocutory Application Under S 472(2) of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether a provisional liquidator should be appointed to the defendant companies under s 472(2) of the Corporations Act 2001 (Cth).' 'Whether the evidence established sufficient urgency and an appropriate basis for appointing a provisional liquidator to both defendant companies.']

Ratio Decidendi

Because the plaintiff's evidence showed that the defendant companies had no director, had not met Court-ordered payment obligations, had failed to produce documents, might have transferred the EdSonic business and assets, and did not appear despite service, the Court was satisfied there was sufficient urgency and an appropriate basis to appoint a provisional liquidator to both defendant companies.

Court Disposition

Application granted; provisional liquidator appointed to both defendant companies.

Orders

  • ['Mr Henry Joseph Kazar be appointed as the provisional liquidator of the company Pattrupp Holdings Pty Ltd ACN 094 797 010.' 'Mr Henry Joseph Kazar be appointed as the provisional liquidator of the company Rumminn Holdings Pty Ltd ACN 101 545 206.' 'The costs of this application be part of the costs, charges and...