In the matter of Hawden Constructions Pty Limited (in liquidation) and Hawden Property Group Pty Limited (in liquidation) [2018] NSWSC 1472
The liquidator satisfied the statutory requirements for release and deregistration; procedural rule requirements may be dispensed with as all creditor claims are discharged, substantive distribution issues were determined previously, and no relevant parties object.
- Parties
- Applicant: Mark Roufeil; Third Defendant: Hawden Property Group Pty Limited (in liquidation); First Plaintiff: David Richard Hawes (and Others); First Defendant: Trevor Laurence Dean (and Others)
- Jurisdiction
- Australia
- Judgment Date
- 28 September 2018
- Procedural Posture
- Interlocutory Application in Winding Up Proceedings / Release of Liquidator and Deregistration of Company
- Legal Topics
- Liquidator Release, Company Deregistration, Winding Up, Procedural Compliance
Case Brief
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Parties
Mark Roufeil
Applicant
Hawden Property Group Pty Limited (in liquidation)
Third Defendant
David Richard Hawes (and Others)
First Plaintiff
Trevor Laurence Dean (and Others)
First Defendant
Procedural Posture
Interlocutory Application in Winding Up Proceedings / Release of Liquidator and Deregistration of Company
Legal Issues
- 1 Whether the liquidator should be released and the company deregistered under s 480(d) of the Corporations Act 2001 (Cth)
- 2 Whether procedural rule requirements should be dispensed with in the circumstances
Ratio Decidendi
The liquidator satisfied the statutory requirements for release and deregistration; procedural rule requirements may be dispensed with as all creditor claims are discharged, substantive distribution issues were determined previously, and no relevant parties object.
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