Sunarto v Zurich [2001] NSWSC 422

Sunarto v Zurich [2001] NSWSC 422

Terminating the winding up is appropriate under s.482 because application was brought promptly, creditors including the petitioning creditor and liquidator were notified and do not oppose, all debts and costs are paid or arrangements are satisfactory, and no adverse findings have arisen in the liquidator's investigation.

Jurisdiction
Australia
Judgment Date
16 May 2001
Procedural Posture
Corporations Winding Up / Application to Terminate Winding Up Order
Outcome
Winding up order terminated.
Legal Topics
['winding Up' 'termination of Winding Up' "court's Power Under S.482 of Corporations Law"]
['corporations'] ['winding Up' 'termination of Winding Up' "court's Power Under S.482 of Corporations Law"]

Case Brief

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Procedural Posture

Corporations Winding Up / Application to Terminate Winding Up Order

Legal Issues

  1. 1 ['Whether sole director and shareholder may apply to terminate winding up under Pt 40 r 9 of Supreme Court Rules' 'Matters to be considered upon application under s.482 of Corporations Law']

Ratio Decidendi

Terminating the winding up is appropriate under s.482 because application was brought promptly, creditors including the petitioning creditor and liquidator were notified and do not oppose, all debts and costs are paid or arrangements are satisfactory, and no adverse findings have arisen in the liquidator's investigation.

Court Disposition

Winding up order terminated.

Orders

  • ['Order that the winding up of Hyvan Pty Ltd be terminated this day, 16 May 2001.' 'Order may be taken out forthwith.']