Commonwealth of Australia v Emanuel Projects Pty Ltd

The Commonwealth of Australia sought leave to wind up in insolvency a number of companies under s471B of the Corporations Law. These companies were already the subject of orders made by O'Loughlin J that they be wound up in insolvency. The court was required to determine whether an order can be made for the winding up in insolvency of a company which is already the subject of an order that it be wound up in insolvency. The court considered the nature of a winding up order and the duties of a liquidator. The court concluded that it would be an abuse of process to apply to a court for relief already granted by an order of the court in full force and effect. The court declined to grant the leave sought by the Commonwealth.

The court also made an order that leave to proceed with an application to wind up the companies Emanuel Projects Pty Ltd, Emanuel (Rundle Mall) Pty Ltd, CC Lot 4 Pty Ltd, Emanuel (No.4) Pty Ltd, Heriot Pty Ltd, Emanuel Properties Pty Ltd, Giuseppe Nominees Pty Ltd, Emanuel Management Pty Ltd, P.B.R.S. Pty Ltd, Grangeville Pty Ltd, Woodville Industrial Park Pty Ltd, Carsim Pty Ltd, Cofordo 260 Pty Ltd, Emanuel Holdings Pty Ltd, Paterson & Co Pty Ltd, Lonsdale Stage 2 Pty Ltd is refused.