In the matter of Universal Consultants Group Pty Ltd [2016] NSWSC 1508

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Universal Consultants Group Pty Ltd [2016] NSWSC 1508 Hearing dates: 17 October 2016 Decision date: 17 October 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the Defendant be wound up and Mr Philip Hosking be appointed as liquidator of the Defendant. The Plaintiff's costs of the winding up application be costs in the winding up. Catchwords: CORPORATIONS — Winding up — Application by plaintiff to wind up company on grounds of insolvency – where company failed to comply with creditor's statutory demand issued by plaintiff where the debt specified in demand related to judgment debt owing to plaintiff – where instalment order was made in respect of the judgment debt subsequent to commencement of the winding up application – where plaintiff sought to wind up company relying on the presumption of insolvency arising from company's failure to comply with creditor's statutory demand – whether evidence led by company rebuts presumption of insolvency – whether court should exercise its discretion not to wind up company in circumstances where company's solvency is not established. Legislation Cited: - Corporations Act 2001 (Cth), ss 95A, 459A, 459P, 459Q - Evidence Act 1995 (NSW), s 136 Cases Cited: - Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 - Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (recs and mgrs apptd) [2011] HCA 18; (2011) 244 CLR 1 - Botany Bay City Council v Parmtree Pty Ltd [2009] NSWSC 896 - Commonwealth Broadcasting Corporation Pty Ltd v Pacific Mobile Phones Pty Ltd [2008] QSC 210; (2008) 219 FLR 222 - Deputy Commissioner of Taxation v T.D. Preece Pty Ltd [2013] FCA 1365 - Druin Pty Ltd v Caporale Designs Pty Ltd [2009] NSWSC 739 - Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWCA 163; (2003) 45 ACSR 711 - Leslie v Howship Holdings Pty Ltd (1997) 15 ACLC 459 - Re Gladstone Mortgagee No 1 Pty Ltd [2015] NSWSC 1551 - Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation (2001) 39 ACSR 305; (2001) 53 NSWLR 213 Category: Principal judgment Parties: CCSG Legal Pty Ltd (Plaintiff) Universal Consultants Group Pty Ltd (Defendant) Representation: Counsel: B Fry (Solicitor) (Plaintiff) M Cowden (Defendant)