Macquarie University & Anor v Macquarie University Students' Council Incorporated [2007] NSWSC 510

Macquarie University & Anor v Macquarie University Students' Council Incorporated [2007] NSWSC 510

The evidence clearly established that MUSC has no real prospect of further income, cannot pay its liabilities, has significant losses, no longer performs its objects, and thus should be wound up pursuant to section 51(1)(c) (unable to pay debts) and (j) (just and equitable ground) of the Associations Incorporation Act 1984 (NSW).

Jurisdiction
Australia
Judgment Date
17 May 2007
Procedural Posture
Application for Winding Up of an Incorporated Association / Final Orders
Outcome
Orders made for winding up of Macquarie University Students' Council Incorporated and appointment of a liquidator.
Legal Topics
['winding Up' 'associations Incorporation Act 1984 (nsw)' 'inability to Pay Debts' 'just and Equitable Ground']
['corporations Law' 'associations Law' 'insolvency'] ['winding Up' 'associations Incorporation Act 1984 (nsw)' 'inability to Pay Debts' 'just and Equitable Ground']

Case Brief

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Procedural Posture

Application for Winding Up of an Incorporated Association / Final Orders

Legal Issues

  1. 1 ['Whether MUSC should be wound up under section 51(1)(c) and (j) of the Associations Incorporation Act 1984 (NSW)' 'Whether MUSC is unable to pay its debts' 'Whether it is just and equitable that MUSC be wound up']

Ratio Decidendi

The evidence clearly established that MUSC has no real prospect of further income, cannot pay its liabilities, has significant losses, no longer performs its objects, and thus should be wound up pursuant to section 51(1)(c) (unable to pay debts) and (j) (just and equitable ground) of the Associations Incorporation Act 1984 (NSW).

Court Disposition

Orders made for winding up of Macquarie University Students' Council Incorporated and appointment of a liquidator.

Orders

  • ['MUSC to be wound up pursuant to s51(1)(c) and (j) of the Associations Incorporation Act 1984 (NSW).' 'Mr Trevor Mark Pogroske appointed as liquidator with all powers under s 477 of the Corporations Act 2001 (Cth).' 'Costs of plaintiffs and defendant to be costs in the winding up.']