In the matter of Kirby Street (Holding) Pty Limited [2011] NSWSC 1576

In the matter of Kirby Street (Holding) Pty Limited [2011] NSWSC 1576

Following the principal judgment and the liquidator's short minutes, the court made orders that the scheduled companies are a pooled group and made ancillary modifications to the application of the Corporations Act 2001 (Cth) in relation to their winding up.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Corporations Winding Up Pooling Application / Consequential Orders
Outcome
Orders made as set out in paragraph 3.
Legal Topics
['winding Up' 'pooling' 'ancillary Orders' 'costs in Pooled Windings Up']
['corporations Law' 'insolvency Law'] ['winding Up' 'pooling' 'ancillary Orders' 'costs in Pooled Windings Up']

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Procedural Posture

Corporations Winding Up Pooling Application / Consequential Orders

Legal Issues

  1. 1 ['The form of ancillary orders required following the principal judgment concerning pooling in the winding up of the companies.' 'Whether the companies in the schedule should be ordered to be a pooled group for the purposes of section 579E of the Corporations Act 2001 (Cth).' 'Whether the application of the Corporations Act 2001 (Cth) in relation to the winding up of the scheduled companies should be modified under section 579G(1)(d).']

Ratio Decidendi

Following the principal judgment and the liquidator's short minutes, the court made orders that the scheduled companies are a pooled group and made ancillary modifications to the application of the Corporations Act 2001 (Cth) in relation to their winding up.

Court Disposition

Orders made as set out in paragraph 3.

Orders

  • ['Order pursuant to section 579E(1) of the Corporations Act 2001 (Cth) that the companies in the schedule to these orders, being the second plaintiffs and the defendant, are a pooled group for the purposes of section 579E of that Act.' 'Order pursuant to section 579G(1)(d) of the Corporations Act 2001 (Cth), that...