Sykes v Matthews in his capacity as Liquidator of Daycare (NSW) Pty Limited (In Liquidation) [2010] FCA 1500

Sykes v Matthews in his capacity as Liquidator of Daycare (NSW) Pty Limited (In Liquidation) [2010] FCA 1500

The winding up was terminated because Daycare was solvent and able to pay all of its debts as and when they fell due, creditors had been paid or provision had been made for them, provision had been made for taxation liabilities and Randstad's claim, and the liquidator's costs and expenses were to be fixed and paid.

Jurisdiction
Australia
Judgment Date
19 November 2010
Procedural Posture
Application Under S 482(1) of the Corporations Act 2001 (cth) to Terminate a Winding Up / Final Hearing and Orders
Outcome
Application granted; winding up terminated effective forthwith.
Legal Topics
['termination of Winding Up' 'statutory Demand' 'solvency' "liquidator's Costs and Expenses" 'undertakings to the Court']
['corporations Law' 'insolvency'] ['termination of Winding Up' 'statutory Demand' 'solvency' "liquidator's Costs and Expenses" 'undertakings to the Court']

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Procedural Posture

Application Under S 482(1) of the Corporations Act 2001 (cth) to Terminate a Winding Up / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether the winding up of Daycare (NSW) Pty Limited (in liquidation) should be terminated under s 482(1) of the Corporations Act 2001 (Cth).' 'Whether Daycare was solvent and able to pay all of its debts as and when they fell due notwithstanding its failure to comply with the statutory demand.' "Whether adequate provision had been made for creditors, taxation liabilities, Randstad's judgment debt and costs, and the liquidator's costs and expenses."]

Ratio Decidendi

The winding up was terminated because Daycare was solvent and able to pay all of its debts as and when they fell due, creditors had been paid or provision had been made for them, provision had been made for taxation liabilities and Randstad's claim, and the liquidator's costs and expenses were to be fixed and paid.

Court Disposition

Application granted; winding up terminated effective forthwith.

Orders

  • ['Pursuant to s 482(1) of the Corporations Act 2001 (Cth), the winding up of Daycare (NSW) Pty Limited (in liquidation) ACN 135 797 607 be terminated, effective forthwith.' 'The costs and expenses of Anthony Matthews in his capacity as liquidator of Daycare be fixed in the sum of $31,087.09, inclusive of GST and...