CGU Workers' Compensation (NSW) Ltd v Harry Wever Pty Ltd [2006] NSWSC 1246

CGU Workers' Compensation (NSW) Ltd v Harry Wever Pty Ltd [2006] NSWSC 1246

As all debts owed by the defendant company have been discharged by forgiveness or novation, and the company is solvent, the winding-up order made in the absence of the defendant is set aside pursuant to r 36.16(2)(b).

Jurisdiction
Australia
Judgment Date
06 November 2006
Procedural Posture
Corporations – Application to Set Aside Winding Up Order / Hearing of Application to Set Aside Winding Up Order
Outcome
Application to set aside winding up order granted.
Legal Topics
['winding Up' 'statutory Demand' 'setting Aside Orders' 'solvency' 'debt Forgiveness' 'novation']
['corporations Law'] ['winding Up' 'statutory Demand' 'setting Aside Orders' 'solvency' 'debt Forgiveness' 'novation']

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Procedural Posture

Corporations – Application to Set Aside Winding Up Order / Hearing of Application to Set Aside Winding Up Order

Legal Issues

  1. 1 ['Whether winding-up order should be set aside under r 36.16(2)(b) Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the defendant is solvent' 'Whether any debts owed by defendant discharged by forgiveness or novation']

Ratio Decidendi

As all debts owed by the defendant company have been discharged by forgiveness or novation, and the company is solvent, the winding-up order made in the absence of the defendant is set aside pursuant to r 36.16(2)(b).

Court Disposition

Application to set aside winding up order granted.

Orders

  • ['Orders made in accordance with paragraphs 1 and 2 of the interlocutory process filed on 28 August 2006.' 'No order as to costs of the application.']