Miric v Braams Group Pty Ltd [2001] NSWSC 736

Miric v Braams Group Pty Ltd [2001] NSWSC 736

As the company appears insolvent and has failed to challenge the statutory demand or seek a stay, the winding up order must be made; the statutory scheme operates mechanically if demand is not challenged within 21 days.

Parties
Plaintiff: Peter Miric; Defendant: Braams Group Pty Limited
Jurisdiction
Australia
Judgment Date
20 August 2001
Procedural Posture
Winding Up Proceeding / Judgment
Outcome
Winding up order made, with short stay until 4 September 2001 to allow the company opportunity to apply for a stay in the Court of Appeal.
Legal Topics
Winding Up, Statutory Demand, Discretion, Judgment Debt, Appeal, Stay of Proceedings
Corporations Winding Up Statutory Demand Discretion Judgment Debt Appeal Stay of Proceedings

Case Brief

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Parties

Peter Miric

Plaintiff

Braams Group Pty Limited

Defendant

Procedural Posture

Winding Up Proceeding / Judgment

Legal Issues

  1. 1 Whether to adjourn or stay the winding up proceedings pending appeal
  2. 2 Whether the statutory demand was properly served
  3. 3 Whether the company is insolvent and whether the applicant is a creditor entitled to pursue winding up proceedings

Ratio Decidendi

As the company appears insolvent and has failed to challenge the statutory demand or seek a stay, the winding up order must be made; the statutory scheme operates mechanically if demand is not challenged within 21 days.

Court Disposition

Winding up order made, with short stay until 4 September 2001 to allow the company opportunity to apply for a stay in the Court of Appeal.

Orders

  • The company be wound up.
  • Max Christopher Donnelly appointed liquidator.