In the matter of Kadzielski Soto Holdings Pty Ltd (in liquidation) [2015] NSWSC 1734

In the matter of Kadzielski Soto Holdings Pty Ltd (in liquidation) [2015] NSWSC 1734

The application to terminate the winding up is granted because arrangements ensure all liabilities will be met, the winding up resulted from an unfortunate but non-malicious set of circumstances, the company now has or will have surplus funds, and there is no prejudice to creditors or evidence of commercial morality issues.

Parties
Plaintiff: Stanley Kadzielski; First Defendant: Neil Robert Cussen; Second Defendant: Rosalba Cipriani (formerly Kadzielski)
Jurisdiction
Australia
Judgment Date
29 June 2015
Procedural Posture
Corporations Winding Up Application / Application to Terminate Winding Up
Outcome
Orders made for termination of winding up and liberty to apply
Legal Topics
Winding Up, Termination of Winding Up, Application Under S 482 of the Corporations Act 2001 (cth)
Corporations Law Winding Up Termination of Winding Up Application Under S 482 of the Corporations Act 2001 (cth)

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Parties

Stanley Kadzielski

Plaintiff

Neil Robert Cussen

First Defendant

Rosalba Cipriani (formerly Kadzielski)

Second Defendant

Procedural Posture

Corporations Winding Up Application / Application to Terminate Winding Up

Legal Issues

  1. 1 Whether winding up of Kadzielski Soto Holdings Pty Limited should be terminated under s 482 of the Corporations Act 2001 (Cth)

Ratio Decidendi

The application to terminate the winding up is granted because arrangements ensure all liabilities will be met, the winding up resulted from an unfortunate but non-malicious set of circumstances, the company now has or will have surplus funds, and there is no prejudice to creditors or evidence of commercial morality issues.

Court Disposition

Orders made for termination of winding up and liberty to apply

Orders

  • Orders made as per renumbered orders 1-5 initialled and placed on file.
  • Upon confirmation that required funds are in the hands of the liquidator as per order 1, the winding up to be terminated with effect from 31 July 2015, provided confirmation is timely.