Eblin and Eblin & Ors

The proceeding concerned an application to wind up D Pty Ltd (the company). The application was brought by Mr Eblin and other parties, who sought orders for the compulsory winding up of the company under section 461(k) of the *Corporations Act 2001* (Cth). The court was required to determine whether the grounds for winding up the company were established.

The central legal issue before Macmillan J was whether it was just and equitable to wind up the company. Section 461(k) permits a court to order the winding up of a company if it is of the opinion that it is just and equitable to do so. This involves an assessment of the circumstances surrounding the company's operations and the relationships between its stakeholders.

Macmillan J ordered that the company be wound up under section 461(k) of the *Corporations Act 2001* (Cth) and appointed Mr E, a registered liquidator, as the liquidator. The court also made orders reserving the determination of the parties' costs for chambers and set timelines for the filing and service of written submissions regarding costs, limiting such submissions to 10 pages. The application itself, apart from any costs applications, was dismissed.