Min Y Liang v Auslanbo Enterprises Pty Limited and Danny Xiao Ming Lu [2005] NSWSC 307

Min Y Liang v Auslanbo Enterprises Pty Limited and Danny Xiao Ming Lu [2005] NSWSC 307

Given the gravity of allegations, the inability of directors to agree, the state of the company's records and disputed solvency, it is appropriate and necessary to urgently appoint a provisional liquidator.

Parties
Plaintiff: Min Yi Liang; First Defendant: Auslanbo Enterprise Pty Limited; Second Defendant: Danny Xiao Ming Lu
Jurisdiction
Australia
Judgment Date
30 March 2005
Procedural Posture
Interlocutory Application / Appointment of Provisional Liquidator
Outcome
Provisional liquidator appointed
Legal Topics
Deadlock, Insolvency, Appointment of Provisional Liquidator
Corporations Law Deadlock Insolvency Appointment of Provisional Liquidator

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Parties

Min Yi Liang

Plaintiff

Auslanbo Enterprise Pty Limited

First Defendant

Danny Xiao Ming Lu

Second Defendant

Procedural Posture

Interlocutory Application / Appointment of Provisional Liquidator

Legal Issues

  1. 1 Whether a provisional liquidator should be appointed to Auslanbo Enterprise Pty Limited due to deadlock and alleged insolvency

Ratio Decidendi

Given the gravity of allegations, the inability of directors to agree, the state of the company's records and disputed solvency, it is appropriate and necessary to urgently appoint a provisional liquidator.

Court Disposition

Provisional liquidator appointed

Orders

  • Ivor Worrell of Worrells Solvency & Forensic Accountants appointed provisional liquidator to Auslanbo Enterprise Pty Limited.
  • Provisional liquidator to communicate to the Court by 20 April 2005 regarding the period required to present an interim report.