Tipsy Cake Pty Ltd, in the matter of Tipsy Cake Pty Ltd [2020] FCA 190

Tipsy Cake Pty Ltd, in the matter of Tipsy Cake Pty Ltd [2020] FCA 190

On the evidence, the plaintiff is unable to pay its debts. As a Pt 5.7 body, it can be wound up under ss 583 and 585 of the Corporations Act 2001 (Cth). There is no opposition to the winding up. It is appropriate to grant the order sought.

Parties
Plaintiff: Tipsy Cake Pty Ltd; Creditor: Crown Melbourne Limited; Creditor: Cape Proprietary Inc
Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Application for Winding Up Order / Final Hearing and Orders
Outcome
Winding up order granted.
Legal Topics
Winding Up Order, Pt 5.7 Body, Insolvency, Liquidation, Part 5.7 Corporations Act 2001 (cth)
Corporations Law Winding Up Order Pt 5.7 Body Insolvency Liquidation Part 5.7 Corporations Act 2001 (cth)

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tipsy Cake Pty Ltd

Plaintiff

Crown Melbourne Limited

Creditor

Cape Proprietary Inc

Creditor

Procedural Posture

Application for Winding Up Order / Final Hearing and Orders

Legal Issues

  1. 1 Whether the plaintiff (a Pt 5.7 body) is unable to pay its debts and should be wound up under the Corporations Act 2001 (Cth)

Ratio Decidendi

On the evidence, the plaintiff is unable to pay its debts. As a Pt 5.7 body, it can be wound up under ss 583 and 585 of the Corporations Act 2001 (Cth). There is no opposition to the winding up. It is appropriate to grant the order sought.

Court Disposition

Winding up order granted.

Orders

  • The plaintiff be wound up pursuant to Pt 5.7 of the Corporations Act 2001 (Cth).
  • Brian Raymond Silvia and David John Coyne be appointed jointly and severally as liquidators of the plaintiff.