Re Kwang Hua Yu-Soon Incorporated [2009] NSWSC 658

Re Kwang Hua Yu-Soon Incorporated [2009] NSWSC 658

The committee of the association, having powers at least as broad as those in s 198A of the Corporations Act per the association’s rules, was entitled to cause the association to bring a winding-up application. Requirements for advertising the application are not dispensed with. A provisional liquidator should be...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 July 2009
Procedural Posture
Winding Up Application / Interlocutory Orders
Outcome
Provisional liquidator appointed; application for winding-up stood over for advertisement, final order not yet made.
Legal Topics
['incorporated Associations' 'winding Up' 'committee Powers' 'provisional Liquidator' 'advertising Requirements']
['corporations Law' 'equity'] ['incorporated Associations' 'winding Up' 'committee Powers' 'provisional Liquidator' 'advertising Requirements']

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Procedural Posture

Winding Up Application / Interlocutory Orders

Legal Issues

  1. 1 ['Whether the committee had the power to cause the association to apply for its own winding-up' 'Whether the requirement to advertise the winding-up application should be dispensed with' 'Whether a provisional liquidator should be appointed']

Ratio Decidendi

The committee of the association, having powers at least as broad as those in s 198A of the Corporations Act per the association’s rules, was entitled to cause the association to bring a winding-up application. Requirements for advertising the application are not dispensed with. A provisional liquidator should be appointed pending determination of the advertisement process.

Court Disposition

Provisional liquidator appointed; application for winding-up stood over for advertisement, final order not yet made.

Orders

  • ['Scott Darren Pascoe appointed provisional liquidator of the plaintiff.' 'Originating process stood over to 27 July 2009 before the Corporations List Judge.' 'Orders may be entered forthwith.']