In the matter of RR Impex Pty Ltd (in liquidation) [2013] NSWSC 1667

In the matter of RR Impex Pty Ltd (in liquidation) [2013] NSWSC 1667

The liquidator has realised all known assets, given the requisite notices and reports, no objections were raised, and evidence satisfies the statutory and rule-based requirements, warranting his release and the company's deregistration.

Parties
Plaintiff: Workers Compensation Nominal Insurer; Defendant/first Respondent: RR Impex Pty Limited (in liquidation); Applicant: Scott Daren Pascoe as liquidator of RR Impex Pty Limited (in liquidation); Second Respondent: Australian Securities & Investments Commission
Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Interlocutory Application / Application for Release of Liquidator and Deregistration of Company
Outcome
Orders made for the release of the liquidator, deregistration of the company, and directions as to costs and service requirements.
Legal Topics
Liquidators' Release, Deregistration of Companies, Winding Up, Distribution of Surplus, Court Procedural Requirements
Corporations Law Liquidators' Release Deregistration of Companies Winding Up Distribution of Surplus Court Procedural Requirements

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Parties

Workers Compensation Nominal Insurer

Plaintiff

RR Impex Pty Limited (in liquidation)

Defendant/first Respondent

Scott Daren Pascoe as liquidator of RR Impex Pty Limited (in liquidation)

Applicant

Australian Securities & Investments Commission

Second Respondent

Procedural Posture

Interlocutory Application / Application for Release of Liquidator and Deregistration of Company

Legal Issues

  1. 1 Whether the liquidator should be released and ASIC deregister the company under s 480(d) of the Corporations Act 2001 (Cth)
  2. 2 Whether requirements regarding service of updated accounts on creditors should be dispensed with
  3. 3 Compliance with procedural rules for the release of a liquidator

Ratio Decidendi

The liquidator has realised all known assets, given the requisite notices and reports, no objections were raised, and evidence satisfies the statutory and rule-based requirements, warranting his release and the company's deregistration.

Court Disposition

Orders made for the release of the liquidator, deregistration of the company, and directions as to costs and service requirements.

Orders

  • Pursuant to s 480(d) of the Corporations Act 2001 (Cth), the applicant Scott Darren Pascoe be released as liquidator of the defendant, RR Impex Pty Limited (in liquidation), and ASIC deregister the company.
  • Dispense with the requirement under rule 7.5(6) of the Supreme Court (Corporations) Rules 1999 (NSW) that the applicant serve updated accounts on creditors of the defendant.