Ekes v Hyde Page (No 2)

In *Ekes v Hyde Page (No 2)*, the Court of Appeal considered an application for leave to appeal a judgment or order of the Court in a Division for the winding up of a corporation. The central dispute concerned whether a debt, which formed the basis of the winding-up application, had been paid prior to the appointment of the liquidator.

The primary legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient grounds to warrant leave to appeal the winding-up order. This involved assessing whether there was a reasonably arguable case of error in the primary judge's decision, particularly in light of the applicant's assertion that the debt had been discharged.

The Court of Appeal dismissed the application for leave to appeal. The reasoning, though not detailed in the provided text, indicates that the applicant failed to establish a sufficiently arguable case for appeal. The Court also dismissed the applicant's separate motion seeking a stay of the winding-up order. The applicant was ordered to pay the costs of both the application for leave to appeal and the motion for a stay, with a specific lump sum of $7,500 ordered for costs under section 98(4) of the *Civil Procedure Act*.