CITATION: In the matter of SNL Group Pty Ltd (in liq); Su v SNL Group Pty Ltd (in liq) [2010] NSWSC 797 HEARING DATE(S): 7 and 9 July 2010
JUDGMENT DATE :
21 July 2010JURISDICTION: Equity Division - Corporations List JUDGMENT OF: Bergin CJ in Eq DECISION: Termination of winding up order to be made after completion of certain steps. CATCHWORDS: CORPORATIONS - Application to terminate winding up - whether debt the subject of the winding up should be paid into Court - EVIDENCE - whether evidence in relation to debt admissible - admissible on: (1) explanation of general background and circumstances leading to winding up - and (2) application to pay money into Court. LEGISLATION CITED: Corporations Act 2001 (Cth)
Companies Act 1961 (Qld)CASES CITED: Anderson v Palmer [2002] NSWSC 192
Brolrik Pty Ltd v Sambah Holdings Pty Limited (2001) 40 ACSR 361
CMA Corporation Ltd v SNL Group Pty Ltd [2009] NSWSC 1452
Deputy Commissioner of Taxation v Northview Developments Pty Ltd (in liq) [2005] FCA 1825
Dubolo Pty Ltd (t/as Fender Signs) v Codrington Investment Corporation Pty Ltd (1998) 26 ACSR 723
Modena Imports Pty Ltd (in liq), In the matter of; Leveraged Capital Pty Ltd (R&M app) (in liq) v Modena Imports Pty Ltd (in liq) [2010] NSWSC 739
Owners Strata Plan 70294 v LNL Global Enterprises Pty Ltd and Ors (2006) 60 ACSR 646
Re Warbler Pty Ltd (1982) 6 ACLR 526
Von Risefer v Mainfreight International Pty Ltd (2009) 73 ACSR 427PARTIES: Wen Wu Su (First Applicant)
Bei Lu (Second Applicant)
SNL Group Pty Ltd (ACN 103 679 527) (in liq) (Respondent)
CMA Corporation Limited / CMA Peakmore Pte LimitedFILE NUMBER(S): SC 2009/3719 COUNSEL: C Harris SC (Applicants)
JM White / J English (Respondent)
D A McLure (CMA Corporation Limited / CMA Peakmore Pte Limited)SOLICITORS: Colin Biggers & Paisley (Applicants)
Kemp Strang (Respondent)
Norton White (CMA Corporation Limited / CMA Peakmore Pte Limited)
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
CORPORATIONS LIST
BERGIN CJ in EQ
21 JULY 2010
2009/289722 IN THE MATTER OF SNL GROUP PTY LTD (IN LIQUIDATION); WEN WU SU & ANOR v SNL GROUP PTY LTD (IN LIQ)
JUDGMENT
1 This is an application under s 482 of the Corporations Act 2001 (Cth) (the Act) for an order terminating the winding up of SNL Group Pty Ltd (in liq) (the Company) brought by the former directors of the Company Wen Wu Su and Bei Lu (the Applicants). The Company was placed into liquidation by an order made by Austin J on 9 December 2009.
Company’s Background
2 The Company was incorporated on 11 February 2003 and conducted a business principally in the sourcing of iron ore in the Asia Pacific region for export to China (the iron ore business). The Company has “close ties” with a Chinese entity known as Guangxi Xianlin (GX) by which expression I understand is meant that it is owned by the First Applicant’s brother. The iron ore…
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- Case
- [2010] NSWSC 797
- Decision Date
CaseChat Overview and Summary
The court found that the evidence was relevant and admissible in two specific contexts. Firstly, the evidence was deemed necessary to explain the general background and circumstances that led to the winding up of the company. This background information was critical for understanding the context of the debt in question. Secondly, the court held that the evidence was admissible in relation to the application to pay money into Court, as it provided a basis for the applicant's claim. The court concluded that the evidence was relevant to both the explanation of the circumstances leading to the winding up and the application to pay money into Court.
The court ultimately ruled in favour of the applicant, allowing the debt to be paid into Court. The decision was based on the admissibility of the evidence presented by the applicant, which was found to be relevant to both the general background of the winding up and the specific application. The court's reasoning was grounded in the need for a clear understanding of the circumstances leading to the winding up and the necessity of supporting the application with appropriate evidence. The final orders of the court mandated that the debt in question be paid into Court, as requested by the applicant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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