In the matter of Saab Investment Group Pty Limited [2016] NSWSC 1769

In the matter of Saab Investment Group Pty Limited [2016] NSWSC 1769

The application could not presently succeed because there was no acceptable evidence of solvency, no admissible evidence that the petitioning creditor had been paid, and no evidence of cooperation with the liquidator; the proceedings were therefore adjourned to allow further evidence to be served.

Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Application to Set Aside Winding Up Order or Terminate Winding Up / Interlocutory Process Adjourned
Outcome
Proceedings adjourned to 28 November 2016; applicant ordered to serve any further affidavit evidence by 14 November 2016 and pay the respondent's costs of the day.
Legal Topics
['winding Up in Insolvency' 'termination of Winding Up' 'ex Parte Winding Up Order' 'solvency Evidence' 'liquidator Cooperation']
['corporations Law'] ['winding Up in Insolvency' 'termination of Winding Up' 'ex Parte Winding Up Order' 'solvency Evidence' 'liquidator Cooperation']

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Procedural Posture

Application to Set Aside Winding Up Order or Terminate Winding Up / Interlocutory Process Adjourned

Legal Issues

  1. 1 ['Whether the winding up order made in the absence of the defendant should be set aside.' 'Whether the winding up should be terminated under (CTH) Corporations Act 2001, s 482.' 'Whether there was acceptable evidence that the company was solvent or no longer insolvent.' 'Whether there was admissible evidence that the petitioning creditor had been paid.' 'Whether there was evidence of cooperation with the liquidator.']

Ratio Decidendi

The application could not presently succeed because there was no acceptable evidence of solvency, no admissible evidence that the petitioning creditor had been paid, and no evidence of cooperation with the liquidator; the proceedings were therefore adjourned to allow further evidence to be served.

Court Disposition

Proceedings adjourned to 28 November 2016; applicant ordered to serve any further affidavit evidence by 14 November 2016 and pay the respondent's costs of the day.

Orders

  • ['The proceedings be adjourned to 28 November 2016 at 9.45am in the Corporations Judge Motions List.' 'Any further affidavit evidence to be relied on in support of the application be served on the respondent/plaintiff and on the liquidator by 14 November 2016, together with a copy of the interlocutory process and...