Nasr v Etihad Airways PJSC [2012] NSWCA 70

Nasr v Etihad Airways PJSC [2012] NSWCA 70

Leave to appeal was refused because the proceedings seeking to set aside the winding up were misconceived: Mr Nasr had no standing to bring the application, no step had been taken under s 459S after Jireh failed to comply with the statutory demand, there was no evidence that Jireh was solvent, and the allegation of false affidavits was not a legitimate ground of appeal from White J's judgment.

Jurisdiction
Australia
Judgment Date
02 April 2012
Procedural Posture
Application for Leave to Appeal in Corporations Winding Up Proceedings / Court of Appeal Application for Leave to Appeal From Judgment Dismissing Application to Set Aside Winding Up Order
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['winding Up' 'statutory Demand' 'standing' 'leave to Oppose Winding Up' 'setting Aside Winding Up Order' 'solvency Evidence']
['corporations' 'civil Procedure'] ['winding Up' 'statutory Demand' 'standing' 'leave to Oppose Winding Up' 'setting Aside Winding Up Order' 'solvency Evidence']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Corporations Winding Up Proceedings / Court of Appeal Application for Leave to Appeal From Judgment Dismissing Application to Set Aside Winding Up Order

Legal Issues

  1. 1 ['Whether the applicant had standing to apply to set aside or terminate the winding up order' 'Whether the company, having failed to comply with a statutory demand, had sought or obtained leave under s 459S of the Corporations Act 2001 (Cth) to oppose winding up' 'Whether the ground relied on was material to proving solvency' 'Whether there was evidence that Jireh Karalae Pty Ltd was solvent' "Whether the draft ground alleging false affidavits was a legitimate ground of appeal from White J's judgment"]

Ratio Decidendi

Leave to appeal was refused because the proceedings seeking to set aside the winding up were misconceived: Mr Nasr had no standing to bring the application, no step had been taken under s 459S after Jireh failed to comply with the statutory demand, there was no evidence that Jireh was solvent, and the allegation of false affidavits was not a legitimate ground of appeal from White J's judgment.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed.' "Applicant to pay first respondent's costs."]