Solomon, Emad Kamel & Ors v Australian Securities Commission [1998] FCA 881

The companies were insolvent as found by the primary judge based on evidence; delay was adequately explained and caused no additional harm. There is no basis for upsetting the primary judgment.

Jurisdiction: Australia
Judgment Date: 01 July 1998
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: []

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Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the companies were insolvent and should have been wound up' 'Whether there was undue delay between the appointment of a provisional liquidator and the winding up proceedings']

Ratio Decidendi

The companies were insolvent as found by the primary judge based on evidence; delay was adequately explained and caused no additional harm. There is no basis for upsetting the primary judgment.

Court Disposition

appeal dismissed

Orders

['The appeal is dismissed with costs']