Bingham v Iona Corporation Pty Ltd [1995] FCA 221

CATCHWORDS CORPORATIONS - winding up - application by director of company for leave to apply for winding up in insolvency - whether prima facie case established that company is not able to pay its debts as and when they become due and payable. Corporations Law ss 459A, 459B and 459P. Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618. World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181. MARK HENRY DE COURCY BINGHAM v IONA CORPORATION PTY LIMITED No NG 3071 of 1995 Lindgren J Sydney 11 April 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 3071 OF 1995 GENERAL DIVISION )

IN THE MATTER OF: IONA CORPORATION PTY LTD AUSTRALIAN COMPANY NO: 060 160 545 BETWEEN: MARK HENRY DE COURCY BINGHAM Applicant AND: IONA CORPORATION PTY LIMITED Respondent IONA CORPORATION PTY LIMITED Cross-Claimant AND: MARK HENRY DE COURCY BINGHAM Cross-Respondent CORAM: Lindgren J PLACE: Sydney DATE: 11 April 1995

MINUTE OF ORDERS

THE COURT: 1. Directs that the proceedings stand over to 13 April 1995 at 2.15 pm for the making of formal orders and acceptance of an undertaking to the Court by Lance George Melbourne. 2. Directs that at that time the parties bring in agreed form of short minutes of orders, and if agreement has not been reached, the forms of short minutes of orders for which they respectively contend, the form (or forms) of short minutes of orders to include the form of undertaking to the Court by Lance George Melbourne. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 3071 OF 1995 GENERAL DIVISION )