CORPORATIONS — winding up — application for termination of winding up pursuant to s 482 Corporations Act 2001 (Cth) — where solvency of company disputed and contingent on outcome of pending proceedings in Common Law division as to whether respondent to present application is creditor (or debtor) of the company — considering public interest against insolvent or potentially insolvent companies re-entering commercial world — where commercial reality is that company in a position to meet its day-to-day debts but would potentially be insolvent if debt claimed by respondent is established — where undertaking proffered to preserve position pending outcome of other proceedings — winding up order stayed pending judgment in Common Law proceedings
Case Details
Citation[2012] NSWSC 74
CourtNSWSC
JurisdictionNew South Wales
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