SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title:
Re Crafted Capitol Pty Ltd (In Liquidation)
Citation:
[2021] ACTSC 190
Hearing Dates:
16 and 17 August 2021
DecisionDate:
20 August 2021
Before:
Mossop J
Decision:
See [86]
Catchwords:
CORPORATIONS – WINDING UP – Interlocutory process – application to terminate the winding up of the first respondent – where the applicants made out a positive case for the exercise of the court’s discretion in their favour – statute allows consideration of stage of liquidation and resolution of underlying dispute – not appropriate to terminate the winding up – application dismissed
Legislation Cited:
Building and Construction Industry (Security of Payment) Act 2009 (ACT)
Corporations Act 2001 (Cth), ss 286(1), 482, sch 2 (Insolvency Practice Schedule (Corporations)) s 90-15
Corporations Regulations 2001 (Cth), rr 5.6.53, 5.6.54
Court Procedure Rules 2006 (ACT), sch 6, r 14.1(2)Insolvency Practice Rules (Corporations) 2016 (Cth), s 70-40
Cases Cited:
Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd [2021] ACTSC 81
Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd (No 2) [2021] ACTSC 85
Capocchiano v Young [2013] NSWSC 879
In the matter of Azmac Pty Limited (in liquidation) [2020] NSWSC 204; 146 ACSR 113
In the matter of MWM Sydney Pty Limited (in liquidation) [2016] NSWSC 688Re Warbler Pty Ltd (1982) 6 ACLR 526
Parties:
Crafted Holdings Pty Ltd (ACN 168 210 624) (First Applicant)
Crafted Central Pty Ltd (ACN 605 053 709) (Second Applicant)
Crafted Capitol Pty Ltd (In Liquidation) (ACN 605 053 763) (First Respondent)
Henry Joseph Kazar in his capacity as joint and several liquidator of Crafted Capitol Pty Ltd (In Liquidation) (Second Respondent)
Lachlan MacArthur Abbot in his capacity as joint and several liquidator of Crafted Capitol Pty Ltd (In Liquidation) (Third Respondent)
Bloc (ACT) Pty Ltd (ACN 149 091 592) (Fourth Respondent)
Representation:
Counsel
B Katekar SC with K Petch (Applicants)
N Oram (First to Third Respondents)
A Greinke (Fourth Respondent)
Solicitors
Terracon Legal ( Applicants)
ERA Legal (First to Third Respondents)
Mills Oakley (Fourth Respondent)
File Number:
SC 79 of 2021
MOSSOP J:
Introduction
1. This is an application made by Crafted Holdings Pty Ltd (Holdings) and Crafted Central Pty Ltd (Central) to terminate the winding up of Crafted Capitol Pty Ltd (in liquidation) (Capitol). Holdings is a contributory and hence entitled to make an application under s 482 of the Corporations Act 2001 (Cth) for the winding up to be terminated: s‑482(1A)(a). The liquidators of Capitol are the second and third respondents. Bloc (ACT) Pty Ltd (Bloc), the company upon whose application Capitol was wound up, is the fourth respondent. The circumstances in which Capitol was ordered to be wound up are described in Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd [2021] ACTSC 81 (Bloc (No 1)) and Bloc (ACT) Pty Ltd v Crafted Capitol Pty Ltd (No 2) [2021] ACTSC 85 (Bloc (No 2)). The factual circumstances leading to the winding up of Capitol are set out in
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- AGLC
- Re Crafted Capitol Pty Ltd (In Liquidation) [2021] ACTSC 190
- Case
- [2021] ACTSC 190
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