Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khoury v Rosemist Holdings Pty Ltd
[1999] FCA 458
CORPORATIONS LAW - application to wind-up corporation - presumption of insolvency arising from failure to comply with statutory demand - application for leave to oppose application on ground that corporation has offsetting claim against applicant - whether corporation has discharged onus of demonstrating solvency. Corporations Law ss 95A, 459A, 459C, 459D, 459F, 459G, 459H, 459S
David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265
Leslie & Anor v Howship Holdings Pty Ltd [1997] FCA 133
Liverpool Cement Renderers Pty Ltd v Landmarks Constructions Pty Ltd (NG 3064 of 1996)
Master Paving Pty Ltd v Heading Contractors Pty Ltd (1997) 15 ACLC Sandell v Porter (1966) 115 CLR 666 Taylor v Australian and New Zealand Banking Group Ltd (1988) 6 ACLC 808
KHOURY v ROSEMIST HOLDINGS PTY LTD W3004 of 1999 BOON JR PERTH 15 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W3004 of 1999
BETWEEN: FOUAD ANTOUN KHOURY
Applicant
AND: ROSEMIST HOLDINGS PTY LTD
Respondent
JUDGE: BOON JR
DATE OF ORDER: 15 APRIL 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1 Rosemist Holdings Pty Ltd be wound up. 2 Ronald Derek Gamble of BDO Nelson Park Hill, 267 St George's Terrace Perth, an official liquidator, be appointed the liquidator of the company. 3 The applicant's costs be taxed and reimbursed out of the property of the company. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W3004 of 1999
BETWEEN: FOUAD ANTOUN KHOURY
Applicant
AND: ROSEMIST HOLDINGS PTY LTD
Respondent
JUDGE: BOON JR
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