In the matter of Australian Mobile Mining Equipment Systems and Accessories Pty Limited In the matter of Chirachi Investments Pty Ltd [2013] NSWSC 1790

In the matter of Australian Mobile Mining Equipment Systems and Accessories Pty Limited In the matter of Chirachi Investments Pty Ltd [2013] NSWSC 1790

Court was satisfied both companies met the criteria for winding up on the just and equitable ground, given shareholder/director deadlock, financial circumstances, and consent of all parties; liquidator to be appointed from Court Registrar's list for impartiality.

Parties
Applicant: Noel Brown; First Defendant: Australian Mobile Mining Equipment Systems and Accessories Pty Limited; Second Defendant: Murray Bridle; First Defendant: Chirachi Investments Pty Limited
Jurisdiction
Australia
Judgment Date
25 November 2013
Procedural Posture
Winding Up Applications / Judgment and Orders
Outcome
Companies ordered to be wound up; official liquidator to be appointed by nomination from Corporations Registrar; costs of applications ordered to be costs in respective windings up.
Legal Topics
Winding Up, Appointment of Liquidator, Just and Equitable Winding Up, Shareholder Deadlock, Insolvency
Corporations Winding Up Appointment of Liquidator Just and Equitable Winding Up Shareholder Deadlock Insolvency

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Parties

Noel Brown

Applicant

Australian Mobile Mining Equipment Systems and Accessories Pty Limited

First Defendant

Murray Bridle

Second Defendant

Chirachi Investments Pty Limited

First Defendant

Procedural Posture

Winding Up Applications / Judgment and Orders

Legal Issues

  1. 1 Whether it is just and equitable to wind up the companies
  2. 2 Whether the applicant is a contributory
  3. 3 Appropriate process for appointment of official liquidator

Ratio Decidendi

Court was satisfied both companies met the criteria for winding up on the just and equitable ground, given shareholder/director deadlock, financial circumstances, and consent of all parties; liquidator to be appointed from Court Registrar's list for impartiality.

Court Disposition

Companies ordered to be wound up; official liquidator to be appointed by nomination from Corporations Registrar; costs of applications ordered to be costs in respective windings up.

Orders

  • Parties directed to approach Corporations Registrar for nomination of official liquidator from Registrar's list for both companies.
  • Each company to be wound up under Corporations Act 2001 s 461(1)(k).