Nasr v Etihad Airways PJSC [2012] NSWCA 70

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nasr v Etihad Airways PJSC [2012] NSWCA 70 Hearing dates: 2 April 2012 Decision date: 02 April 2012 Before: Basten JA at 1; Sackville AJA at 9 Decision: 1. Application for leave to appeal dismissed. 2. Applicant to pay first respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - winding up - appeal from judgment dismissing application to set aside winding up order - whether applicant has standing to apply to set aside winding up order

CORPORATIONS - winding up - appeal from judgment dismissing application to set aside winding up order - company failed to comply with statutory demand - company required to seek leave to oppose the winding up - whether ground on which company sought to rely was material to proving that it was solvent - whether evidence that company is solvent - Corporations Act 2001 (Cth), s 459S Legislation Cited: Corporations Act 2001 (Cth), s 459S Uniform Civil Procedure Rules 2005 (NSW), rr 36.13, 36.16 Category: Principal judgment Parties: Nabil Nasr - Applicant Etihad Airways PJSC - First Respondent Jireh Karalae Pty Ltd - Second Respondent Representation: Counsel: