Winding Up

Principles applicable to winding up on the just and equitable ground are as stated by Beach J at [56] in Australian Securities and Investments Commission v Bilkurra Investments Pty Ltd [2016] FCA 371

(a) First, is there a justifiable lack of confidence in the conduct and management of the relevant company or its affairs?

(b) Second, is there a real risk to the public or the public interest that warrants protection by such an order and the incidents flowing from liquidation?

(c) Third, is the relevant company solvent?