In the matter of ASMI International Education Pty Ltd [2021] NSWSC 1345

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ASMI International Education Pty Ltd [2021] NSWSC 1345 Hearing dates: 15 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made for the winding up of the company in insolvency and the appointment of a liquidator. Costs of the application to be costs in the winding up. Catchwords: CORPORATIONS — Winding up — Statutory demand — Failure to comply with statutory demand — Where presumption of insolvency that arose from failure to comply with statutory demand not rebutted. CORPORATIONS — Winding up — Statutory demand — Genuine dispute about existence or amount of debt — Whether winding up application brought on presumption of insolvency constitutes an abuse of process where proceedings on foot in another court. Legislation Cited: - Corporations Act 2001 (Cth), ss 109X, 459S Cases Cited: - Kelly v J Stockwell & Co Pty Ltd [2007] NSWSC 214 - Re Crowe Consulting Pty Ltd (2019) 140 ACSR 450; [2019] NSWSC 1414 - Re New View Windows Pty Ltd trading as Narellan Windows & Glass [2020] NSWSC 1905 - State Bank of New South Wales v Tela Pty Ltd (No 2) (2002) 188 ALR 702; [2002] NSWSC 20 Category: Principal judgment Parties: Australian Hospitality Skills Recognition Pty Ltd (Plaintiff) ASMI International Education Pty Ltd (Defendant) Representation: Counsel: G McDonald (Plaintiff) D Nagle (Defendant)