Re James G.R. (In the matter of Cowra Processors Pty Ltd)(In liq) [1995] FCA 705

Re James G.R. (In the matter of Cowra Processors Pty Ltd)(In liq) [1995] FCA 705

Where there is no prospect of a return to the contributory in the winding-up, and representation by the contributory could disrupt proper committee operations, representation should not be granted to the contributory on the Committee of Inspection.

Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Corporations Winding Up Application / Application for Order Under S 548(2) of the Corporations Law
Outcome
Application granted. The Committee of Inspection appointed by the creditors is to be the Committee of Inspection for the winding-up; applicant's costs to be paid out of company assets.
Legal Topics
['winding Up' 'committees of Inspection' 'representation of Contributories']
['corporations Law'] ['winding Up' 'committees of Inspection' 'representation of Contributories']

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Procedural Posture

Corporations Winding Up Application / Application for Order Under S 548(2) of the Corporations Law

Legal Issues

  1. 1 ['How should the court resolve differences between Committees of Inspection appointed by creditors and by contributories under s 548(2) of the Corporations Law?' 'Should a representative of the sole contributory be included on the Committee of Inspection?']

Ratio Decidendi

Where there is no prospect of a return to the contributory in the winding-up, and representation by the contributory could disrupt proper committee operations, representation should not be granted to the contributory on the Committee of Inspection.

Court Disposition

Application granted. The Committee of Inspection appointed by the creditors is to be the Committee of Inspection for the winding-up; applicant's costs to be paid out of company assets.

Orders

  • ['The Committee of Inspection appointed by the creditors of Cowra Processors Pty Limited (In Liquidation) on 19 December 1994, is appointed in relation to the winding-up.' "The applicant's costs of this application to be paid out of the assets of Cowra Processors Pty Limited (In Liquidation)."]