In the matter of JD & RS Pty Ltd [2016] NSWSC 806

In the matter of JD & RS Pty Ltd [2016] NSWSC 806

The state of affairs that required that the company be wound up no longer exists; the company is solvent, has paid its liabilities, and may safely be returned to the control of its directors.

Parties
Applicant: Feng Feng An; Defendant Company: JD & RS Pty Ltd; Plaintiff/first Respondent: Workers' Compensation Nominal Insurer; Liquidator/second Respondent: Jeff Shaw; Third Respondent: Australian Securities and Investments Commission
Jurisdiction
Australia
Judgment Date
01 February 2016
Procedural Posture
Corporations – Application to Terminate Winding Up / Hearing on Application to Terminate Winding Up Order
Outcome
Winding up terminated
Legal Topics
Winding Up, Termination of Winding Up, Insolvency, Return to Directors
Corporations Law Winding Up Termination of Winding Up Insolvency Return to Directors

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Parties

Feng Feng An

Applicant

JD & RS Pty Ltd

Defendant Company

Workers' Compensation Nominal Insurer

Plaintiff/first Respondent

Jeff Shaw

Liquidator/second Respondent

Australian Securities and Investments Commission

Third Respondent

Procedural Posture

Corporations – Application to Terminate Winding Up / Hearing on Application to Terminate Winding Up Order

Legal Issues

  1. 1 Whether the state of affairs requiring or authorising the winding up of the company has ceased to exist
  2. 2 Whether the company may safely be returned to control of its directors

Ratio Decidendi

The state of affairs that required that the company be wound up no longer exists; the company is solvent, has paid its liabilities, and may safely be returned to the control of its directors.

Court Disposition

Winding up terminated

Orders

  • The winding up of JD & RS Pty Ltd is terminated with effect from 1 February 2016.