In the matter of Halal Meats Australia Pty Limited [2016] NSWSC 1946

In the matter of Halal Meats Australia Pty Limited [2016] NSWSC 1946

Given the consent of the creditor, work already undertaken by the voluntary liquidator, minimal practical difference if winding up proceeded by court order, and avoidance of additional costs, it is appropriate to grant leave nunc pro tunc for voluntary winding up under s 490(1)(a) Corporations Act 2001 (Cth), and for the creditor's costs to be treated as priority costs under s 556(1)(b).

Parties
Plaintiff: Manildra Meat Company Pty Ltd; Defendant/applicant: Halal Meats Australia Pty Limited
Jurisdiction
Australia
Judgment Date
15 November 2016
Procedural Posture
Corporations Winding Up / Interlocutory Application for Leave Nunc Pro Tunc for Voluntary Winding Up
Outcome
Leave granted nunc pro tunc for voluntary winding up; creditor's costs to be paid with priority; creditor's winding up application discontinued; listing before Registrar vacated.
Legal Topics
Winding Up, Voluntary Winding Up, Leave Nunc Pro Tunc, Priority of Creditor Costs
Corporations Law Equity Winding Up Voluntary Winding Up Leave Nunc Pro Tunc Priority of Creditor Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Manildra Meat Company Pty Ltd

Plaintiff

Halal Meats Australia Pty Limited

Defendant/applicant

Procedural Posture

Corporations Winding Up / Interlocutory Application for Leave Nunc Pro Tunc for Voluntary Winding Up

Legal Issues

  1. 1 Whether leave should be granted nunc pro tunc under s 490(1)(a) Corporations Act 2001 (Cth) for voluntary winding up when a winding up by creditor's application had been filed
  2. 2 Whether creditor's costs should be treated in priority under s 556(1)(b) Corporations Act

Ratio Decidendi

Given the consent of the creditor, work already undertaken by the voluntary liquidator, minimal practical difference if winding up proceeded by court order, and avoidance of additional costs, it is appropriate to grant leave nunc pro tunc for voluntary winding up under s 490(1)(a) Corporations Act 2001 (Cth), and for the creditor's costs to be treated as priority costs under s 556(1)(b).

Court Disposition

Leave granted nunc pro tunc for voluntary winding up; creditor's costs to be paid with priority; creditor's winding up application discontinued; listing before Registrar vacated.

Orders

  • Leave be granted nunc pro tunc, pursuant to s 490(1)(a) of the Corporations Act 2001 (Cth) for the Defendant to be wound up voluntarily.
  • Leave be granted, pursuant to rule 5.8 of the Supreme Court (Corporations) Rules 1999 (NSW), for the Plaintiff's application filed on 18 October 2016 to be discontinued.