Civil & Civic Pty Ltd v R W Bass Pty Ltd
Case
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[1996] FCA 244
•17 Apr 1996
Details
AGLC
Case
Decision Date
Civil & Civic Pty Ltd v R W Bass Pty Ltd [1996] FCA 244
[1996] FCA 244
17 Apr 1996
CaseChat Overview and Summary
Civil & Civic Pty Ltd brought an application against R W Bass Pty Ltd, which had been wound up on 4 March 1994, for a declaration that the winding up was void. The Supreme Court of New South Wales heard the matter, where the central issue was whether the dissolution of R W Bass was valid, and if not, what remedies were available to the applicant. The court examined the grounds for the winding up and whether the applicant had a legitimate interest in seeking the relief requested. The court concluded that the winding up was not properly conducted, and thus was void. The decision recognised that the applicant had a legitimate interest in the outcome of the proceedings and granted the declarations and leave sought, with retrospective effect, ensuring that the dissolution was void from its inception. The court's ruling allowed Civil & Civic to proceed with its litigation against the now-defunct company, ensuring that all actions taken in the proceedings were validated.
Details
Key Legal Topics
Areas of Law
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Corporate Law & Governance
Legal Concepts
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Corporate Dissolution
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Retrospective Effect
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Judicial Review
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Injunction
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Specific Performance
Actions
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Most Recent Citation
Best v Yellow Express Carriers Limited [2004] NSWSC 666
Cases Citing This Decision
2
Best v Yellow Express Carriers Ltd
[2004] NSWSC 666
Best v Yellow Express Carriers Ltd
[2004] NSWSC 666
Cases Cited
2
Statutory Material Cited
0
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