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The inherent equitable jurisdiction and the plenary power of the Supreme Court of New South Wales to order the winding up of companies

Ehlers, Ashley K. (2010) The inherent equitable jurisdiction and the plenary power of the Supreme Court of New South Wales to order the winding up of companies. Insolvency Law Journal, 18(2), pp. 52-62.

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Abstract

Not all companies in Australia are amenable to a winding up order pursuant to the Corporations Act 2001 (Cth). The Supreme Court of New South Wales has previously dealt with such winding up applications by apparently focusing on the inherent jurisdiction of the court to consider whether the court has jurisdiction to firstly consider the winding up application. This article proposes an original alternative paradigm: the plenary power provided to the court by s 23 of the Supreme Court Act 1970 (NSW) can be utilised to initially attract the jurisdiction of the court and subsequently the inherent jurisdiction specifically utilising the equitable “just and equitable” ground is available to the court to consider and make such a winding up order if appropriate. Variation of such a paradigm may also be available to the court when considering the inherent jurisdiction in relation to corporation matters more generally.

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ID Code: 34107
Item Type: Journal Article
Keywords: Inherent jurisdiction, Plenary power, Winding up under the just and equitable ground, Insolvency, Companies, Corporations Act 2001 (Cth), Equity , Corporations, New South Wales Supreme Court
ISSN: 1039-3293
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Corporations and Associations Law (180109)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Thomson Reuters (Australia/NZ)
Deposited On: 13 Aug 2010 11:33
Last Modified: 01 Mar 2012 00:17

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