In the matter of Australian Campus Management Group Pty Ltd (in liquidation) (receiver and manager appointed) [2023] NSWSC 1070

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Campus Management Group Pty Ltd (in liquidation) (receiver and manager appointed) [2023] NSWSC 1070 Hearing dates: 4 September 2023 Date of orders: 7 September 2023 Decision date: 07 September 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Application to set aside winding up order dismissed. Catchwords: CORPORATIONS — Winding up — Court ordered winding up — Application to set aside winding up order — Where liquidator does not consent to winding up order being set aside — Where applicant contends company is solvent within Financial Support of its sole director and shareholder — Where limited evidence adduced by applicant did not provide an appropriate bases on which to reach a reasonable decision about company's solvency — Application dismissed. Legislation Cited: Corporations Act 2001 (Cth), sch 2, ss 286, 482 Cases Cited: Anchorage Capital Master Offshore Limited v Sparkes [2023] NSWCA 88 BCI Finances Pty Ltd (in liq) v Binetter (2018) 362 ALR 597; (2018) 132 ACSR 1; [2018] FCAFC 189 BCI Finances Pty Ltd (in liq) v Binetter (No 4) (2016) 348 ALR 227; (2016) 117 ACSR 18; (2016) 104 ATR 248; [2016] FCA 1351 George Ward Steel Pty Ltd v Kizkot Pty Ltd (1989) 15 ACLR 464; (1989) 7 ACLC 838 In the matter of Teca Pty Ltd [2011] NSWSC 686 In the matter of WA Beard Pty Ltd [2017] FCA 964 In the matter of ZH International Pty Ltd (in liquidation) [2022] NSWSC 2 Texts Cited: N/A Category: Procedural rulings Parties: Mr Ashraful Haq (Applicant) The Owners – Strata Plan No. 67246 ABN 74 802 359 238 (Respondent) Representation: Counsel: Mr A Rizk (Applicant) Mr K Kelly (Solicitor) (Respondent)