In the matter of BBB Constructions Pty Ltd (in liq) [2014] NSWSC 1894

The evidence shows the company is solvent, stakeholders support termination, liquidator does not oppose, and notice has been given to ASIC. Therefore, the winding up should be terminated.

Jurisdiction: Australia
Judgment Date: 11 November 2014
Procedural Posture: Corporations – Application for Termination of Winding Up / Ex Tempore Judgment Following Hearing of Application
Outcome: Application granted. Winding up terminated.
Legal Topics: ['termination of Winding Up' "members' Voluntary Liquidation" 'corporate Solvency' 'interests of Creditors and Contributories']

['corporations Law'] ['termination of Winding Up' "members' Voluntary Liquidation" 'corporate Solvency' 'interests of Creditors and Contributories']

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Procedural Posture

Corporations – Application for Termination of Winding Up / Ex Tempore Judgment Following Hearing of Application

Legal Issues

1 ['Whether winding up of the company should be terminated under ss 482 and 511 of the Corporations Act 2001 (Cth)' 'Whether solvency and interests of creditors, liquidator, and contributories are satisfied' 'Whether adequate notice was given to ASIC']

Ratio Decidendi

The evidence shows the company is solvent, stakeholders support termination, liquidator does not oppose, and notice has been given to ASIC. Therefore, the winding up should be terminated.

Court Disposition

Application granted. Winding up terminated.

Orders

['The winding up of the company be terminated.' 'The costs of this application form part of the costs, charges and expenses of the winding up.' 'Plaintiff to give notice of these orders to ASIC by 4pm, 12 November 2014.' 'Liberty reserved to ASIC to apply within 14 days.' 'Orders be entered forthwith.']