Sava Engineering Pty Limited (In Liquidation), in the matter of WMG Holdings Co Pty Ltd v WMG Holdings Co Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2026] FCA 1260 — Corporations & Orders Made Winding Up. — Barrister AI
Sava Engineering Pty Limited (In Liquidation), in the matter of WMG Holdings Co Pty Ltd v WMG Holdings Co Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed)
Application under s 459A and s 447A of the Corporations Act 2001 (Cth) for the winding up of the company and appointment of liquidator
Where company entered voluntary administration after the commencement of the winding up application
Where each party proposed a different liquidator
Quick Take
1Where competing nominees for liquidator are proposed, the established practice is that the plaintiff's nominee will be appointed unless the party opposing that appointment establishes grounds to depart from the usual course, such as a discrepancy in fitness, qualifications or cost between the nominees.
2Factual inaccuracies in an administrator's report to creditors — including errors in the relation-back date and failure to disclose material matters such as unpaid share capital — are relevant considerations weighing against the administrator's appointment as liquidator.
3Section 447A of the Corporations Act 2001 (Cth) confers a broad power to make orders about how Part 5.3A operates, including terminating a voluntary administration to facilitate a compulsory winding up; s 447A(2) provides non-exhaustive examples and does not qualify the breadth of s 447A(1).
