The Court set aside a winding-up order under UCPR r 36.16(2)(b) where the company had no notice of the statutory demand or winding-up hearing due to a failure to update its registered office with ASIC, moved promptly to set aside the order, paid the debt and liquidator's fees, and the liquidator's investigations revealed no outstanding debts. The Court endorsed Finkelstein J's qualifications in Annesley Plant Hire that positive proof of solvency is not required on such an application and that consent or non-opposition from the liquidator is not a precondition. The Court also granted leave under s 198G(3)(b) of the Corporations Act for the sole director to bring the application in the company's name notwithstanding the company being under external administration.
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