Civil & Civic Pty Ltd v R W Bass Pty Ltd

Case

[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

Areas of Law

  • Corporate Law & Governance

Legal Concepts

  • Corporate Dissolution

  • Retrospective Effect

  • Judicial Review

  • Injunction

  • Specific Performance

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

Cases Cited

2

Statutory Material Cited

0

Gresham and Gresham (No 3) [2019] FamCA 983
Gresham and Gresham (No 3) [2019] FamCA 983