In the matter of Pax In Bello Pty Limited [2019] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pax In Bello Pty Limited [2019] NSWSC 889 Hearing dates: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Pursuant to the Second Applicant's undertaking, the liquidation of Pax In Bello Pty Ltd (in liq) be terminated. Catchwords: CORPORATIONS – winding up – application to terminate winding up of company – where undertakings provided to do specified acts – where liquidator placed in funds to meet debts of company – where no creditors opposed termination of winding up. Legislation Cited: - Corporations Act 2001 (Cth) s 482 - Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: - Re Glass Recycling Pty Ltd [2014] NSWSC 439 - Re LJAC Energy Pty Ltd (in liq) [2013] NSWSC 1231 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Warbler Pty Ltd (1982) 6 ACLR 526 Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer (Plaintiff) Pax In Bello Pty Limited (in liquidation) (Defendant/First Applicant) Henry Everard Osborne (Second Applicant) Representation: Counsel: A Blackie (Solicitor) (Plaintiff) K Petch (Applicants)

Solicitors: Woods & Day Solicitors (Plaintiff) McInnes Wilson Lawyers (Applicants) File Number(s): 2019/56508 (002)

Judgment– ex tempore (revised 26 may 2019) 1. By Notice of Motion filed on 8 April 2019, the Applicant, Mr Henry Osborne, applied for an order under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) that a winding up order made in respect of Pax In Bello Pty Limited ("Company") on 25 March 2019 be set aside, or alternatively that the winding up of the Company be terminated under s 482 of the Corporations Act 2001 (Cth) and that the control of the Company be returned to its directors.