In the matter of Wine National Pty Ltd James Estate Wines Pty Ltd Liquor National Pty Ltd

[2014] NSWSC 507

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CORPORATIONS — winding up — voluntary winding up — orders sought for staying of winding up of relevant companies — whether principles in respect of grant of interlocutory relief applicable to issue of staying of winding up — whether relevant applicants have standing — whether winding up should be stayed — whether appointment of administrators or receivers to relevant company was 'necessary' — whether solvency established — discretionary considerations of commercial morality and public interest — whether there has been serious impropriety in conduct of companies' affairs — position of liquidators and creditors — whether share held in relevant company was held on trust for relevant applicant — whether the decision by receivers to have relevant company wound up is reviewable under Corporations Act 2001 (Cth) s 1321.
1. CORPORATIONS -winding up — voluntary winding up — where orders made to stay winding up — whether receivers and secured creditor should provide to relevant persons a payout figure for amount of money payable to secured creditor — whether liquidators and receivers should be directed to deliver up company's books and stock — where previous court order made in respect of appointment of receivers to companies — whether respondents should be restrained from dealing with property — whether order to appoint receivers to property should be set aside.