Haxton, in the matter of CEDGEW Pty Ltd [2003] FCA 560

Haxton, in the matter of CEDGEW Pty Ltd [2003] FCA 560

Given the company's solvency, unanimous consent of creditors, contributories, and the liquidator, and no opposition from ASIC, it is appropriate to terminate the winding up as requested.

Parties
First Plaintiff: Charles David Haxton; Second Plaintiff: Wendy Haxton; Company: CEDGEW Pty Ltd (in liquidation); Contributory: Betty Elaine Glover
Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
Application to Terminate Winding Up / Final Order
Outcome
Application granted, termination of winding up ordered.
Legal Topics
Liquidation, Termination of Winding Up, Consent of Creditors and Contributories
Corporations Law Liquidation Termination of Winding Up Consent of Creditors and Contributories

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Parties

Charles David Haxton

First Plaintiff

Wendy Haxton

Second Plaintiff

CEDGEW Pty Ltd (in liquidation)

Company

Betty Elaine Glover

Contributory

Procedural Posture

Application to Terminate Winding Up / Final Order

Legal Issues

  1. 1 Whether the winding up of CEDGEW Pty Ltd should be terminated under s 482(1) of the Corporations Act 2001 (Cth)

Ratio Decidendi

Given the company's solvency, unanimous consent of creditors, contributories, and the liquidator, and no opposition from ASIC, it is appropriate to terminate the winding up as requested.

Court Disposition

Application granted, termination of winding up ordered.

Orders

  • The winding up of CEDGEW Pty Ltd ACN 000 780 192 (in liquidation) be terminated on and with effect from 16 May 2003.