There is no presumption against winding up a solvent company under ss 232-233 of the Corporations Act 2001 (Cth). While caution is appropriate, the question is whether winding up is an appropriate response to the grounds established, assessed on the facts of the particular case. A trial judge hearing an oppression suit is not required to devise remedies not advanced by the parties.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
3 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.