Maamari v Ringwood & Ply Pty Ltd [2005] NSWSC 40

Maamari v Ringwood & Ply Pty Ltd [2005] NSWSC 40

The Supreme Court of New South Wales has jurisdiction to make an order terminating the winding up under s.482 of the Corporations Act 2001 (Cth) regardless of which court made the original winding up order, and the evidence establishes the company's solvency, thus the winding up should be terminated.

Jurisdiction
Australia
Judgment Date
07 February 2005
Procedural Posture
Corporations Proceedings / Application to Terminate Winding Up
Outcome
Winding up of Buildx Construction and Building Group Pty Ltd terminated.
Legal Topics
['winding Up' 'termination of Winding Up' 'jurisdiction Under Corporations Act']
['corporations Law'] ['winding Up' 'termination of Winding Up' 'jurisdiction Under Corporations Act']

Case Brief

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Procedural Posture

Corporations Proceedings / Application to Terminate Winding Up

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales has power to order termination of winding up where the winding up order was made by the Supreme Court of Queensland' "Whether the winding up should be terminated based on the company's solvency"]

Ratio Decidendi

The Supreme Court of New South Wales has jurisdiction to make an order terminating the winding up under s.482 of the Corporations Act 2001 (Cth) regardless of which court made the original winding up order, and the evidence establishes the company's solvency, thus the winding up should be terminated.

Court Disposition

Winding up of Buildx Construction and Building Group Pty Ltd terminated.

Orders

  • ['Order terminating winding up of Buildx Construction and Building Group Pty Ltd, ACN 090623304, effective 7 February 2005.' 'Direction in accordance with item 2 of the short minutes of order initialed and dated by the judge.']