In the matter of Wyse Accounting Pty Ltd [2021] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Wyse Accounting Pty Ltd [2021] NSWSC 1171 Hearing dates: 23 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Defendant be wound up in insolvency and liquidators be appointed. Costs of the application to be costs in the winding up. Catchwords: CORPORATIONS — Winding up — Presumption of insolvency arising from unsatisfied creditor's statutory demand — Where application to set aside the creditor's statutory demand previously dismissed — Where no evidence led by date of hearing to rebut the presumption of insolvency. CORPORATIONS — Winding up — Practice and procedure — Whether to stay winding up order — Where the defendant failed to demonstrate serious issues for determination upon appeal. Legislation Cited: - Corporations Act 2001 (Cth), ss 60, 95A, 459A, 459S, 459R Cases Cited: - Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 - Aquaqueen International Pty Ltd v Titan National Pty Ltd [2015] NSWCA 9 - Australian Securities and Investments Commission (ASIC) v Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) (2011) 244 CLR 1; (2011) 277 ALR 243; (2011) 83 ACSR 126; [2011] HCA 18 - Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 - New South Wales Bar Association v Stevens [2003] NSWCA 95 - Quin v Vlahos [2021] VSCA 205 - Re Leasing Holdings Pty Ltd (formerly Charlie Lovett Pty Ltd) [2015] NSWSC 771 - Re Sails Corp Pty Ltd [2021] NSWSC 1046 Category: Principal judgment Parties: Susan Elizabeth Huybers (Plaintiff) Wyse Accounting Pty Ltd (Defendant) Representation: Counsel: D Allen (Plaintiff) G Adelstein (Solicitor) (Defendant)