Bankstown Community Child Care Incorporated

The case involved an incorporated association, Bankstown Community Child Care Incorporated, and the issue of winding up the association and distributing its surplus funds. The case was heard in the Supreme Court of New South Wales. The association had no members and its funds were surplus to the payment of its debts. The association sought to have the surplus distributed to other community organisations. The association argued that it was competent to make the application and the liquidator also sought to be an applicant.

The court considered whether the association was competent to apply for the winding up and distribution of its surplus. The court found that the association was not a competent applicant as it had no members and had effectively dissolved. The court also considered whether the liquidator was a competent applicant and found that the liquidator was competent to apply for the winding up and distribution of the surplus. The court considered the statutory power to determine the manner of distribution of the surplus and found that the proposed distribution to like community organisations was appropriate.

The court made an order that the liquidator of the association was the competent applicant for the winding up and distribution of the surplus. The court also made an order that the surplus funds be distributed to other community organisations in the same field of operation as the association. The court noted that the association had effectively dissolved and had no members, and that the distribution of the surplus was in the best interests of the community.