Cassidy; in the matter of Pattrupp Holdings Pty Ltd v Pattrupp Holdings Pty Ltd (No 2) [2011] FCA 1099

Cassidy; in the matter of Pattrupp Holdings Pty Ltd v Pattrupp Holdings Pty Ltd (No 2) [2011] FCA 1099

The Companies had no properly appointed directors, were not subject to corporate control, had defective management, had ceased their former business, and had insufficient funds available to discharge liabilities as they fell due. In those circumstances, it was just and equitable under s 461(1)(k) of the Corporations Act 2001 (Cth) that each company be wound up, and the provisional liquidator's remuneration was supported by the evidence and should be approved.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Application for Winding Up of Companies on the Just and Equitable Ground Under the Corporations Act 2001 (cth) / Final Determination of Winding Up Application After Appointment of Provisional Liquidator
Outcome
Pattrupp Holdings Pty Ltd and Rumminn Holdings Pty Ltd were ordered to be wound up; Mr Henry Joseph Kazar was appointed liquidator; his remuneration as provisional liquidator was fixed; and the costs of the application were ordered to be part of the costs, charges and expenses of the winding up.
Legal Topics
['winding Up on Just and Equitable Ground' 'provisional Liquidator' 'defective Management' 'insolvency' 'liquidator Remuneration']
['corporations Law' 'insolvency'] ['winding Up on Just and Equitable Ground' 'provisional Liquidator' 'defective Management' 'insolvency' 'liquidator Remuneration']

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Procedural Posture

Application for Winding Up of Companies on the Just and Equitable Ground Under the Corporations Act 2001 (cth) / Final Determination of Winding Up Application After Appointment of Provisional Liquidator

Legal Issues

  1. 1 ['Whether Pattrupp Holdings Pty Ltd and Rumminn Holdings Pty Ltd should be wound up on the just-and-equitable ground in s 461(1)(k) of the Corporations Act 2001 (Cth).' "Whether the provisional liquidator's remuneration should be approved."]

Ratio Decidendi

The Companies had no properly appointed directors, were not subject to corporate control, had defective management, had ceased their former business, and had insufficient funds available to discharge liabilities as they fell due. In those circumstances, it was just and equitable under s 461(1)(k) of the Corporations Act 2001 (Cth) that each company be wound up, and the provisional liquidator's remuneration was supported by the evidence and should be approved.

Court Disposition

Pattrupp Holdings Pty Ltd and Rumminn Holdings Pty Ltd were ordered to be wound up; Mr Henry Joseph Kazar was appointed liquidator; his remuneration as provisional liquidator was fixed; and the costs of the application were ordered to be part of the costs, charges and expenses of the winding up.

Orders

  • ['Pattrupp Holdings Pty Ltd ACN 094 797 010 be wound up.' 'Rumminn Holdings Pty Ltd ACN 101 545 206 be wound up.' 'Mr Henry Joseph Kazar of Level 3 Engineering House, 11 National Circuit, Barton, an official liquidator, be appointed liquidator of the Defendants.' 'The remuneration of the provisional liquidator, Mr...