Islam v Australian Real Estate Relations Pty Ltd

[2023] NSWCA 131

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Principles governing grant of leave
4. › Whether arguable case demonstrated
5. › Winding up order on just and equitable grounds
6. › Supreme Court Act 1970 (NSW), s 101(2)(n)
1. Corporations
2. › Winding up
3. › Just and equitable ground
4. › Irretrievable breakdown of quasi-partnership
5. › Misuse of trust account funds
6. › Whether primary judge erred in exercise of discretion
7. › Corporations Act 2001 (Cth), s 461(1)(k)
1. Appeal
2. › Procedure
3. › Review of single judge's refusal of stay
4. › Whether material error of law or fact demonstrated
5. › Supreme Court Act 1970 (NSW), s 46(4)

Quick Take

This case is a routine application of established principles and does not change the law; it confirms that leave to appeal a winding up order requires demonstration of error going beyond the merely arguable.