CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down – where the company put forward a “wind down plan” as an alternative to winding up – held: order made to wind up the company CORPORATIONS – application by ASIC for the appointment of a receiver to the property of the second defendant, a director of a company, pursuant to s 1323 of the Corporations Act 2001 (Cth) – where the application was not opposed – held: order made for the appointment of receiver
Related cases – s461(k) Corporations Act 2001
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ASIC v Falcon Capital Ltd [2025] FCA 359
CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down –…
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London City Equities Ltd v Excelsior Capital Ltd [2025] FCA 285
PRACTICE AND PROCEDURE – application for winding up of the defendant on just and equitable grounds or on grounds of shareholder oppression – where plaintiff seeks leave to amend pleadings expanding the scope of factual matters in dispute – where proposed amendments include the joinder of additional parties and seek a variety of relief going…
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ASIC v United Global Capital Pty Ltd [2024] FCA 1215
CORPORATIONS – application for winding up order on just and equitable grounds pursuant to s 461(1)(k) of the Corporations Act 2001(Cth) – where there is a lack of confidence in the conduct and management of the company’s affairs – winding up ordered. Related cases – shareholder oppression Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1215For more information,…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0359
For more information, see the original judgement.
