UNIFOR OFFICE SYSTEMS AUST. PTY. LTD. V. BREWER PARTNERSHIP PTY. LTD. [1999] NSWSC 137

UNIFOR OFFICE SYSTEMS AUST. PTY. LTD. V. BREWER PARTNERSHIP PTY. LTD. [1999] NSWSC 137

The requirements of s.440A(2) of the Corporations Law are not satisfied, as administration was not shown to be in the interests of creditors; the adjournment was refused and a winding up order was made.

Parties
Plaintiff: Unifor Office Systems Aust. Pty. Ltd.; Defendant: Brewer Partnership Pty. Ltd.
Jurisdiction
Australia
Judgment Date
02 March 1999
Procedural Posture
Winding Up Proceedings / Judgment on Application for Adjournment
Outcome
Winding up order granted, application for adjournment refused.
Legal Topics
Winding Up, Administration of Insolvent Companies, Creditor Interests
Corporations Law Winding Up Administration of Insolvent Companies Creditor Interests

Case Brief

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Parties

Unifor Office Systems Aust. Pty. Ltd.

Plaintiff

Brewer Partnership Pty. Ltd.

Defendant

Procedural Posture

Winding Up Proceedings / Judgment on Application for Adjournment

Legal Issues

  1. 1 Whether continuance of administration is in the interests of creditors under s.440A(2) of the Corporations Law
  2. 2 Whether adjournment of winding up proceedings should be granted

Ratio Decidendi

The requirements of s.440A(2) of the Corporations Law are not satisfied, as administration was not shown to be in the interests of creditors; the adjournment was refused and a winding up order was made.

Court Disposition

Winding up order granted, application for adjournment refused.

Orders

  • Orders 1 and 2 in the summons made.
  • Defendant to pay plaintiff's costs of the proceedings.