In the matter of K-Bek Motors Pty Ltd [2017] NSWSC 1838

In the matter of K-Bek Motors Pty Ltd [2017] NSWSC 1838

Because the company is solvent, the proceedings did not come to its notice despite formal compliance, and both parties share responsibility, the winding up order should be set aside and the originating process dismissed, with no order as to costs.

Parties
Plaintiff/respondent: Chief Commissioner of State Revenue; Defendant/applicant: K-Bek Motors Pty Ltd
Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Corporations – Winding Up – Termination / Application to Set Aside Winding Up Order and Terminate Winding Up
Outcome
Winding up order set aside and application dismissed
Legal Topics
Winding Up, Statutory Demand, Termination of Winding Up, Service of Process, Costs
Corporations Law Winding Up Statutory Demand Termination of Winding Up Service of Process Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chief Commissioner of State Revenue

Plaintiff/respondent

K-Bek Motors Pty Ltd

Defendant/applicant

Procedural Posture

Corporations – Winding Up – Termination / Application to Set Aside Winding Up Order and Terminate Winding Up

Legal Issues

  1. 1 Whether the winding up order should be set aside and the winding up terminated where documents were served in compliance with s 109X but did not come to the company's notice
  2. 2 Whether originating process seeking winding up should be dismissed
  3. 3 Consequences as to costs

Ratio Decidendi

Because the company is solvent, the proceedings did not come to its notice despite formal compliance, and both parties share responsibility, the winding up order should be set aside and the originating process dismissed, with no order as to costs.

Court Disposition

Winding up order set aside and application dismissed

Orders

  • Pursuant to UCPR r 36.16, the orders made by the Registrar on 5 September 2017 be set aside.
  • The originating process filed on 4 August 2017 be dismissed.