In the Matter of Access MMS Pty Ltd [2012] NSWSC 1199

In the Matter of Access MMS Pty Ltd [2012] NSWSC 1199

The presumption arising from the ASIC search that Mr Deveux was sole shareholder at the relevant date was not displaced by contrary evidence; thus, the special resolution to wind up the company and appoint the plaintiff as liquidator was duly passed and the plaintiff is the duly appointed liquidator.

Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Corporations List Proceeding / Application for Declaration and Orders Regarding Appointment of Liquidator
Outcome
Declaration made that plaintiff is duly appointed liquidator
Legal Topics
['voluntary Winding Up' 'appointment of Liquidator' 'validity of Special Resolution' 'presumption of ASIC Database Record']
['corporations Law'] ['voluntary Winding Up' 'appointment of Liquidator' 'validity of Special Resolution' 'presumption of ASIC Database Record']

Case Brief

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Procedural Posture

Corporations List Proceeding / Application for Declaration and Orders Regarding Appointment of Liquidator

Legal Issues

  1. 1 ['Whether the plaintiff was validly appointed as liquidator of the first defendant' 'Whether the special resolution appointing the liquidator was properly carried on 23 December 2011' 'Whether Mr Deveux was the sole shareholder and director as at the date of the purported special resolution']

Ratio Decidendi

The presumption arising from the ASIC search that Mr Deveux was sole shareholder at the relevant date was not displaced by contrary evidence; thus, the special resolution to wind up the company and appoint the plaintiff as liquidator was duly passed and the plaintiff is the duly appointed liquidator.

Court Disposition

Declaration made that plaintiff is duly appointed liquidator

Orders

  • ['On 23 December 2011, the first defendant resolved by special resolution that it be wound up voluntarily' 'The plaintiff is the duly appointed liquidator of the first defendant']