Merrett v Autumn Solar Installations Pty Ltd [2011] NSWSC 542

Merrett v Autumn Solar Installations Pty Ltd [2011] NSWSC 542

The winding up was terminated because the evidence established that the company was solvent and able to pay debts as they fell due, the deed of company arrangement had been fully performed with creditors paid their entitlement, major creditors did not oppose the order, debts owed to the plaintiffs were to be capitalised, and both the liquidator and deed administrator consented.

Jurisdiction
Australia
Judgment Date
06 June 2011
Procedural Posture
Originating Process Seeking Termination of Winding Up / Principal Judgment
Outcome
Winding up of the defendant terminated pursuant to s 482 of the Corporations Act 2001 (Cth).
Legal Topics
['termination of Liquidation' 'winding Up' 'deed of Company Arrangement' 'solvency']
['corporations'] ['termination of Liquidation' 'winding Up' 'deed of Company Arrangement' 'solvency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Originating Process Seeking Termination of Winding Up / Principal Judgment

Legal Issues

  1. 1 ['Whether the winding up of Autumn Solar Installations Pty Ltd should be terminated pursuant to s 482 of the Corporations Act 2001 (Cth).' 'Whether the evidence showed that the company had returned to solvency after compliance with a deed of company arrangement.']

Ratio Decidendi

The winding up was terminated because the evidence established that the company was solvent and able to pay debts as they fell due, the deed of company arrangement had been fully performed with creditors paid their entitlement, major creditors did not oppose the order, debts owed to the plaintiffs were to be capitalised, and both the liquidator and deed administrator consented.

Court Disposition

Winding up of the defendant terminated pursuant to s 482 of the Corporations Act 2001 (Cth).

Orders

  • ['The orders sought in paragraph 1 of the originating process were made.']