In the matter of Adellos Pty Limited (in liquidation); Parlamartu Pty Limited (in liquidation); Castlove Pty Limited (in liquidation); Donovi Pty Limited (in liquidation) [2013] NSWSC 747

In the matter of Adellos Pty Limited (in liquidation); Parlamartu Pty Limited (in liquidation); Castlove Pty Limited (in liquidation); Donovi Pty Limited (in liquidation) [2013] NSWSC 747

An order releasing the liquidator should not be made until steps for deregistration of the companies are concurrently addressed, as otherwise no liquidator would remain in place for companies technically still in members’ voluntary winding up. The matter will be adjourned to allow these procedural steps to be taken so that release and deregistration can be effected at the same time.

Parties
Plaintiff: Milan Visnic; First Defendant: Peter Orest Sywak; Second Defendant: Adellos Pty Limited (in liquidation); Third Defendant: Parlamartu Pty Limited; Fourth Defendant: Castleove Pty Limited (in liquidation); Fifth Defendant: Donovi Pty Limited (in liquidation); Applicant/liquidator: Michael Jones
Jurisdiction
Australia
Judgment Date
09 April 2013
Procedural Posture
Interlocutory Application / Adjournment Pending Final Steps Before Order for Release of Liquidator
Outcome
Matter adjourned for final steps before order for release of liquidator is made; no order for release made at this time.
Legal Topics
Winding Up, Liquidator's Release, Deregistration of Company
Corporations Law Winding Up Liquidator's Release Deregistration of Company

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Parties

Milan Visnic

Plaintiff

Peter Orest Sywak

First Defendant

Adellos Pty Limited (in liquidation)

Second Defendant

Parlamartu Pty Limited

Third Defendant

Castleove Pty Limited (in liquidation)

Fourth Defendant

Donovi Pty Limited (in liquidation)

Fifth Defendant

Michael Jones

Applicant/liquidator

Procedural Posture

Interlocutory Application / Adjournment Pending Final Steps Before Order for Release of Liquidator

Legal Issues

  1. 1 Whether an order should be made for the release of the liquidator under s 480(c) of the Corporations Act 2001 (Cth) for Adellos Pty Limited and Castlove Pty Limited
  2. 2 Procedural appropriateness of seeking liquidator’s release before deregistration or termination of winding up
  3. 3 Practicality of liquidator effecting deregistration post-release

Ratio Decidendi

An order releasing the liquidator should not be made until steps for deregistration of the companies are concurrently addressed, as otherwise no liquidator would remain in place for companies technically still in members’ voluntary winding up. The matter will be adjourned to allow these procedural steps to be taken so that release and deregistration can be effected at the same time.

Court Disposition

Matter adjourned for final steps before order for release of liquidator is made; no order for release made at this time.

Orders

  • Matter adjourned to the Corporations List on 15 April 2013 to allow the liquidator to take necessary steps before release and deregistration orders are made.