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[2019] FCA 1885
Federal Court of Australia
2019-11-12
Gleeson J, Jagot J
Original judgment source is linked above.
JAGOT J: 1 This is an application pursuant to s 482(1) of the Corporations Act 2001 (Cth) (the Act), that the orders made on 16 October 2019 winding up the defendant be terminated. 2 Consistent with the oral submissions put by the applicant and the reasoning of Justice Gleeson in Judson, in the matter of Maneroo Pty Ltd (in liq) [2015] FCA 783, and in particular the relevant legal principles identified in [22], I accept that on the evidence that has been adduced, the following: (1) the application for the termination of the winding up has been brought promptly; (2) there has been or will be full payment of all creditors; and (3) in the affidavit evidence, there has been an adequate explanation provided as to why the winding up occurred, which was in short an oversight in the office of the applicant's accountant in respect of the location of the registered office for service of documents. 3 As a result, the documents relating to the winding up application are, and otherwise, were forwarded to a location which was no longer the registered office of the business. The evidence also establishes that procedures have been put in place to ensure that there is no recurrence. Finally, there is evidence of the solvency of the company showing that it has sufficient assets to meet its liabilities as and when they fall due. 4 In these circumstances, it is submitted for the applicant that the orders sought in Order 2 of the interlocutory process terminating the winding up should be made. 5 In my view, the defendant company should have the benefit of and an exercise of discretion in its favour pursuant to s 482(1) of the Act. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot.
Deputy Commissioner of Taxation
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