Workers' Compensation Nominal Insurer v Roland Building Services Pty Ltd [2008] NSWSC 13

Workers' Compensation Nominal Insurer v Roland Building Services Pty Ltd [2008] NSWSC 13

The winding up order was set aside because it had been made on the basis of a fundamental factual mistake: the debt supporting the initiating process had already been paid, although the Court had been told by affidavit that it remained unpaid.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 January 2008
Procedural Posture
Corporations Winding Up Proceeding / Interlocutory Process Seeking to Set Aside Winding Up Order
Outcome
Order winding up defendant and appointing liquidator set aside.
Legal Topics
['winding Up' 'setting Aside Court Orders' 'fundamental Factual Error']
['corporations' 'civil Procedure'] ['winding Up' 'setting Aside Court Orders' 'fundamental Factual Error']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Corporations Winding Up Proceeding / Interlocutory Process Seeking to Set Aside Winding Up Order

Legal Issues

  1. 1 ['Whether the order winding up the defendant and appointing a liquidator should be set aside because it was made on the basis of a fundamental factual mistake.']

Ratio Decidendi

The winding up order was set aside because it had been made on the basis of a fundamental factual mistake: the debt supporting the initiating process had already been paid, although the Court had been told by affidavit that it remained unpaid.

Court Disposition

Order winding up defendant and appointing liquidator set aside.

Orders

  • ['This interlocutory application be returned and heard instanter.' 'Pursuant to regulation 36.15 of the Uniform Civil Procedure Rules the order of the Court dated 27 November 2007 winding up the defendant and appointing Scott Darren Pascoe as liquidator be set aside.' "The originating process is otherwise adjourned...