Wang v ABC Homes (NSW) Pty Ltd [2018] NSWSC 1624

Supreme Court New South Wales

Medium Neutral Citation: Wang v ABC Homes (NSW) Pty Ltd [2018] NSWSC 1624 Hearing dates: 18 October 2018 Date of orders: 26 October 2018 Decision date: 26 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: The Court grants leave to the defendant to rely on grounds 1 to 4 of the Grounds of Opposition to Winding Up specified in its notice dated 1 June 2018. Catchwords: CORPORATIONS – winding up – winding up in insolvency – winding up on the basis of non-compliance with statutory demand – opposition to winding up – Corporations Act 2001 (Cth), s 459S – "material to proving that the company is solvent" – broad and narrow interpretations of s 459S

CORPORATIONS – winding up – winding up in insolvency – winding up on the basis of non-compliance with statutory demand – opposition to winding up – Corporations Act 2001 (Cth), s 459S – exercise of discretion – exercise of discretion where application to set aside statutory demand not served within time due to a mistake or lack of understanding of legal procedures relating to companies – exercise of discretion where applicant's mistake caused no prejudice to party seeking to wind up company Legislation Cited: Corporations Act 2001 (Cth), ss 459G, 459S Evidence Act 1995 (NSW), s 55 Cases Cited: Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd (No 2) (2011) 29 ACLC 11-006; [2011] NSWSC 113 Geoffrey W Hill & Associates v King (1992) 27 NSWLR 228 Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd (2008) 26 ACLC 1,462; [2008] FCA 1777 Radiancy (Sales) Pty Limited v Bimat Pty Limited [2007] NSWSC 962 Re Vangory Holdings Pty Ltd [2015] NSWSC 546 Re Yuan Tong Investments Pty Ltd [2017] NSWSC 910 Soundwave Festival Pty Ltd v Altered State (WA) Pty Ltd (No 1) [2014] FCA 466 Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) (2004) 185 FLR 130; [2004] NSWSC 527 Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134 Category: Principal judgment Parties: Hai Ling Wang (Plaintiff) ABC Homes (NSW) Pty Ltd (Defendant) Representation: Counsel: MK Condon SC/J Nathan (Plaintiff) MW Young SC (Defendant)