Morgan (as Liquidator of Lion Hotels Pty Ltd (In Liq) v Powerdirect Pty Ltd [2011] FCA 651

Morgan (as Liquidator of Lion Hotels Pty Ltd (In Liq) v Powerdirect Pty Ltd [2011] FCA 651

The court set aside the winding up order on the basis that Powerdirect Pty Ltd was solvent at all relevant times, appropriate consent and arrangements for payment of debt and costs were established, and there was no continued opposition to the setting aside of the order, in accordance with established case law.

Jurisdiction
Australia
Judgment Date
11 April 2011
Procedural Posture
Application to Set Aside Winding Up Order / Interlocutory (application to Set Aside Previous Order)
Outcome
Winding up order set aside, proceedings dismissed
Legal Topics
['winding Up Orders' 'setting Aside Orders' 'solvency of Company']
['corporate Insolvency'] ['winding Up Orders' 'setting Aside Orders' 'solvency of Company']

Case Brief

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Procedural Posture

Application to Set Aside Winding Up Order / Interlocutory (application to Set Aside Previous Order)

Legal Issues

  1. 1 ['Whether the winding up order against Powerdirect Pty Ltd should be set aside' 'Whether Powerdirect Pty Ltd was solvent at the relevant times']

Ratio Decidendi

The court set aside the winding up order on the basis that Powerdirect Pty Ltd was solvent at all relevant times, appropriate consent and arrangements for payment of debt and costs were established, and there was no continued opposition to the setting aside of the order, in accordance with established case law.

Court Disposition

Winding up order set aside, proceedings dismissed

Orders

  • ['The time for service of the Interlocutory Process dated 10 April 2011 be abridged to 10 April 2011.' 'The winding up order made on 4 April 2011 by Registrar Pringle be set aside pursuant to Order 35 rules 7(2)(a) and 7(2)(f) of the Federal Court Rules.' 'The Originating Process filed 25 February 2011 be dismissed.']