Gerblich v Adplan Pty Ltd

[2012] SASCFC 79

South Australia Full Court

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Interrogate

Catchwords

1. Practice and Procedure
2. › Supreme Court Procedure
3. › South Australia
4. › Filing of documents
5. › Commencement of proceedings
6. › Whether document filed when presented at Registry or when fee paid
7. › Whether payment of filing fee is condition precedent to filing
8. › Supreme Court Civil Rules 2006 (SA), r 50
9. › Supreme Court Act 1935 (SA), s 130
1. Corporations
2. › Winding up
3. › Winding up in insolvency
4. › Application under s 459P
5. › Presumption of insolvency under s 459C(2)(a)
6. › Whether application made within three-month period
7. › Corporations Act 2001 (Cth), ss 459A, 459C, 459P
1. Practice and Procedure
2. › Filing fees
3. › Remission of fees
4. › Review of Registrar's refusal to remit filing fee
5. › Supreme Court Act 1935 (SA), s 130

Quick Take

An originating process to wind up a company in insolvency is to be taken as filed on the day it is presented at the Registry in acceptable form accompanied by a meritorious application for remission of the filing fee, even if the fee is not paid until the following day. Payment of the filing fee is not a condition precedent to the filing of the originating process.

Case Details

Citation[2012] SASCFC 79

CourtSASCFC

JurisdictionSouth Australia

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Relies on3

2001Graham Davies v Maree LewisNTSC 105
1988Angus Fire Armour Australia Pty Ltd v Collector of Customs (NSW)FCA 339
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