NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Wyse & Young International Pty Ltd [2019] NSWSC 944 Hearing dates: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the stay of the winding up order made by Brereton J made on 13 July 2017 cease to have effect. Note that the Defendant is wound up in insolvency pursuant to the orders made by Brereton J on 13 July 2017, with effect from today. Catchwords: CORPORATIONS – winding up – application for termination of winding up – where operation of order for winding up was stayed – where winding up never commenced – where reason for stay has lapsed and company has not led solvency evidence – whether the stay of the operation of the order should be lifted. Legislation Cited: Corporations Act 2001 (Cth) s 420 Cases Cited: Wyse & Young International Pty Ltd v Sanna (No 2) [2019] NSWSC 868 Category: Procedural and other rulings Parties: Susan Huybers (Plaintiff/Respondent) Wyse & Young International Pty Ltd (Defendant/First Applicant) George Dimitriou (Second Applicant) Commissioner of Fines Administration (Supporting Creditor) Representation: Counsel: D Allen (Plaintiff/Respondent) R D Marshall SC/K Lord (Defendant/First and Second Applicants) H Hitch (Solicitor) (Supporting Creditor)
Solicitors: Kekatos Lawyers (Plaintiff/Respondent) Keypoint Law (Defendant/First and Second Applicants) Matthews Folbigg Lawyers (Supporting Creditor) File Number(s): 2017/46918
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