Merrill Lynch Equities (Australia) Ltd v Triangle Packing Case Pty Ltd [1999] FCA 810

Merrill Lynch Equities (Australia) Ltd v Triangle Packing Case Pty Ltd [1999] FCA 810

The Court lacks power to review the Judicial Registrar’s decision and order winding up outside the statutory period set by s 459R(1) of the Corporations Law. No extension was sought or granted; therefore, by operation of s 459R(3), the application stands dismissed.

Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Corporations Winding Up Application / Review of Judicial Registrar's Decision
Outcome
Application dismissed
Legal Topics
['winding Up' 'statutory Time Limits' 'review of Registrar Decision']
['corporations Law'] ['winding Up' 'statutory Time Limits' 'review of Registrar Decision']

Case Brief

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Procedural Posture

Corporations Winding Up Application / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 ['Whether the Court has power to order winding up outside the period stipulated by s 459R(1) of the Corporations Law' 'Whether the winding up application can be reviewed and determined after the statutory period' 'Effect of s 459R Corporations Law on review applications']

Ratio Decidendi

The Court lacks power to review the Judicial Registrar’s decision and order winding up outside the statutory period set by s 459R(1) of the Corporations Law. No extension was sought or granted; therefore, by operation of s 459R(3), the application stands dismissed.

Court Disposition

Application dismissed

Orders

  • ["The applicant pay the respondent's costs, to be taxed if not agreed."]