Shin v Commodore Hotel Management Pty Ltd [1999] FCA 771

Shin v Commodore Hotel Management Pty Ltd [1999] FCA 771

Leave to oppose the winding up application under s 459S was refused because no explanation was given for the failure to apply to set aside the statutory demand. The motion to stay or dismiss the winding up application was dismissed, and security for costs was ordered against the applicant as he is not resident within jurisdiction and has no assets in Australia.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Corporations – Winding Up Application / Interlocutory Application to Stay or Dismiss Winding Up; Consideration of Security for Costs
Outcome
Application to stay or dismiss winding up proceeding dismissed; respondent to pay applicant's taxed costs for that application; winding up application stayed pending provision of $10,000 security for costs by applicant.
Legal Topics
['statutory Demand' 'winding Up Application' 'security for Costs' 'leave Under S 459 S']
['corporations'] ['statutory Demand' 'winding Up Application' 'security for Costs' 'leave Under S 459 S']

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Procedural Posture

Corporations – Winding Up Application / Interlocutory Application to Stay or Dismiss Winding Up; Consideration of Security for Costs

Legal Issues

  1. 1 ['Whether leave under s 459S of Corporations Law is necessary for the company to oppose the winding up application' 'Whether the application to stay or dismiss the winding up application should be granted' 'Whether security for costs should be ordered against the applicant']

Ratio Decidendi

Leave to oppose the winding up application under s 459S was refused because no explanation was given for the failure to apply to set aside the statutory demand. The motion to stay or dismiss the winding up application was dismissed, and security for costs was ordered against the applicant as he is not resident within jurisdiction and has no assets in Australia.

Court Disposition

Application to stay or dismiss winding up proceeding dismissed; respondent to pay applicant's taxed costs for that application; winding up application stayed pending provision of $10,000 security for costs by applicant.

Orders

  • ['The application to stay or dismiss the proceeding generally be dismissed.' "The respondent to pay the applicant's taxed costs of the application to stay or dismiss the proceeding." "The application to wind up the respondent be stayed until such time as the applicant pays into Court, or provides security for, the...