Hanson Construction Materials Pty Ltd v FEC Civil Pty Ltd

The matter before the Court of Appeal was an application by Hanson Construction Materials Pty Ltd to wind up FEC Civil Pty Ltd. The Court of Appeal was asked to determine whether the lower court had correctly determined that the presumption of insolvency in favour of Hanson should not be displaced by evidence of FEC's solvency. The Court of Appeal found that the lower court had correctly applied the relevant principles of law and upheld the lower court's decision. The Court of Appeal held that the onus was on FEC to discharge the presumption of insolvency, and that FEC had not discharged that onus. The Court of Appeal further held that there was no basis for interfering with the lower court's determination on the matter of principle.

The primary legal issue before the Court of Appeal was whether the lower court had correctly determined that the presumption of insolvency in favour of Hanson should not be displaced by evidence of FEC's solvency. The Court of Appeal found that the lower court had correctly applied the relevant principles of law in determining this issue. The Court of Appeal held that the onus was on FEC to discharge the presumption of insolvency, and that FEC had not discharged that onus. The Court of Appeal further held that there was no basis for interfering with the lower court's determination on the matter of principle.

The Court of Appeal held that the presumption of insolvency in favour of Hanson was properly raised by the application for winding up, and that the onus was on FEC to discharge that presumption. The Court of Appeal held that FEC had not discharged that onus, as the evidence of solvency was not sufficient to rebut the presumption of insolvency. The Court of Appeal further held that the lower court had correctly determined that there was no basis for interfering with the presumption of insolvency, as there was no evidence of any material principle of law that would justify such interference. The Court of Appeal held that the lower court's determination on this matter was a matter of principle, and that there was no basis for the Court of Appeal to interfere with that determination.

The Court of Appeal upheld the lower court's decision and dismissed FEC's appeal. The Court of Appeal held that the presumption of insolvency in favour of Hanson had not been displaced by evidence of FEC's solvency, and that there was no basis for interfering with the lower court's determination on the matter of principle. The Court of Appeal held that the lower court had correctly applied the relevant principles of law in determining the issues before it, and that there was no basis for the Court of Appeal to interfere with the lower court's determination.