In the matter of Auscabs Payment Solution Proprietary Limited [2016] NSWSC 1906

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Auscabs Payment Solution Proprietary Limited [2016] NSWSC 1906 Hearing dates: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that Auscabs Payment Solution Pty Limited ("Company") be wound up in insolvency; Mr Robert Boyce Moodie and Mr Will Griffiths be appointed as liquidators of the Company; and the Plaintiff's costs of the winding up application in the amount of $7,677.86 be costs in the winding up. These orders to be entered forthwith. Catchwords: CORPORATIONS — Winding up — Application for the adjournment of winding up application – where company sought adjournment of winding up application to allow it to seek legal advice in circumstances where it previously had the opportunity to obtain such advice – where little could be achieved by company retaining a solicitor given the affidavit evidence and the existence of the presumption of insolvency arising from noncompliance with creditor's statutory demand – whether Court should exercise discretion to grant adjournment.

CORPORATIONS — Winding up — Application for company to be wound up in insolvency – where applicant had served a creditor's statutory demand on the company based upon a debt payable pursuant to a deed of settlement – where applicant relied on presumption of insolvency arising from noncompliance with statutory demand – where company led no evidence of solvency – whether presumption of insolvency rebutted – whether Court should order company be wound up.

PROCEDURE — Costs — where plaintiff's application to wind up company in insolvency was granted – where plaintiff sought short form costs orders in circumstances where costs of an assessment would be disproportionate to amount sought to be recovered – whether costs orders sought by plaintiff ought to be granted. Legislation Cited: - Civil Procedure Act 2005 (NSW), ss 14, 56, 57, 58 - Corporations Act 2001 (Cth), ss 95A, 459R, - Uniform Civil Procedure Rules 2005 (NSW), r 7.1 Cases Cited: - Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (recs and mgrs apptd) [2011] HCA 18; (2011) 244 CLR 1 Category: Principal judgment Parties: Fuji Xerox Australia Pty Limited (Plaintiff) Auscabs Payment Solution Pty Ltd (Defendant) Representation: Counsel: Ms L Willis – (Solicitor) (Plaintiff)