In the matter of Blacktown City Rugby League & Sports Club Ltd (in liq) [2006] NSWSC 618

In the matter of Blacktown City Rugby League & Sports Club Ltd (in liq) [2006] NSWSC 618

The requirements of Clause 6 of the Club's Memorandum of Association have been met: the proposed recipients have similar objects, prohibit income distribution to members, and have been determined by the members through ordinary resolution. The liquidators are justified in making the proposed distribution.

Jurisdiction
Australia
Judgment Date
09 June 2006
Procedural Posture
Originating Process / Application for Judicial Direction to Liquidators
Outcome
Direction granted to liquidators to distribute surplus as proposed.
Legal Topics
['winding Up' 'distribution of Surplus Assets' 'member Determination']
['corporations'] ['winding Up' 'distribution of Surplus Assets' 'member Determination']

Case Brief

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Procedural Posture

Originating Process / Application for Judicial Direction to Liquidators

Legal Issues

  1. 1 ['Whether liquidators are justified in distributing surplus assets to specified voluntary associations as proposed' "Whether recipient institutions have objects similar to the club's" 'Whether recipients prohibit income distribution to members as required' 'Whether members have appropriately determined the recipients']

Ratio Decidendi

The requirements of Clause 6 of the Club's Memorandum of Association have been met: the proposed recipients have similar objects, prohibit income distribution to members, and have been determined by the members through ordinary resolution. The liquidators are justified in making the proposed distribution.

Court Disposition

Direction granted to liquidators to distribute surplus as proposed.

Orders

  • ["Order made directing that the liquidators would be justified in making the proposed distribution of surplus property as per paragraph 1 of the originating process, substituting 'direction' for 'declaration'."]