Harris (Trustee for the Nedyah Investment Trust) v Evans, in the matter of Canford Property Group Pty Ltd [2019] FCA 840

Harris (Trustee for the Nedyah Investment Trust) v Evans, in the matter of Canford Property Group Pty Ltd [2019] FCA 840

The winding up order is made on the just and equitable ground as all parties consent and the company has reached a dead end. Ms Barley, as provisional liquidator familiar with the company's affairs and previously appointed at the plaintiff's urging, should continue as liquidator. There is no basis for an order that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Corporations Winding Up Application / Final Orders After Hearing on Winding Up Application and Interlocutory Appointment of Provisional Liquidator
Outcome
Company wound up on just and equitable ground; Anne-Marie Jane Barley appointed liquidator; no order for costs out of company property.
Legal Topics
['winding Up on Just and Equitable Grounds' 'appointment of Liquidator' 'costs in Winding Up Proceedings']
['corporations'] ['winding Up on Just and Equitable Grounds' 'appointment of Liquidator' 'costs in Winding Up Proceedings']

Source-derived case record

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Procedural Posture

Corporations Winding Up Application / Final Orders After Hearing on Winding Up Application and Interlocutory Appointment of Provisional Liquidator

Legal Issues

  1. 1 ['Whether Canford Property Group Pty Ltd should be wound up on the just and equitable ground under s 461(1)(k) of the Corporations Act 2001 (Cth)' "Whether Anne-Marie Jane Barley or Glenn O'Kearney should be appointed as liquidator" "Whether the plaintiff's costs should be paid out of company property pursuant to s 466(2) of the Corporations Act 2001 (Cth)"]

Ratio Decidendi

The winding up order is made on the just and equitable ground as all parties consent and the company has reached a dead end. Ms Barley, as provisional liquidator familiar with the company's affairs and previously appointed at the plaintiff's urging, should continue as liquidator. There is no basis for an order that the plaintiff's costs be paid out of company property; costs should lie where they fall.

Court Disposition

Company wound up on just and equitable ground; Anne-Marie Jane Barley appointed liquidator; no order for costs out of company property.

Orders

  • ['Canford Property Group Pty Ltd ACN 168 875 205 be wound up on just and equitable grounds pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth).' 'Anne-Marie Jane Barley be appointed liquidator of the company.' 'The costs of the plaintiff of and incidental to the winding-up application and the interlocutory...