In the matter of ASMI International Education Pty Ltd

ASMI International Education Pty Ltd was the subject of a winding up application by a creditor who issued a statutory demand. The applicant sought to wind up the company due to the non-payment of a debt, and the presumption of insolvency arising from the failure to comply with the statutory demand was not rebutted. The primary issue for the court was whether the presumption of insolvency that arose from the failure to comply with the statutory demand could be rebutted. Additionally, the court had to consider whether the winding up application was an abuse of process given that proceedings were already on foot in another court.

The court found that the presumption of insolvency was not rebutted as the company had not provided sufficient evidence to demonstrate its ability to pay the debt. The court held that the presumption of insolvency was not rebutted as the company did not provide any evidence to support its claim that it was able to pay the debt within the requisite period. The court further found that the winding up application was not an abuse of process, despite the fact that proceedings were already on foot in another court. The court held that the applicant had a legitimate interest in pursuing the winding up application and that the proceedings in the other court did not amount to an abuse of process.

As a result, the court granted the winding up application and ordered that ASMI International Education Pty Ltd be wound up. The court found that the applicant had established a prima facie case for winding up the company and that the presumption of insolvency had not been rebutted. The court held that the winding up application was not an abuse of process and that the applicant was entitled to pursue its claim for the outstanding debt. The court further held that the winding up order should be made absolute and that the company be wound up accordingly.

In summary, the court found that the presumption of insolvency arising from the failure to comply with the statutory demand was not rebutted and that the winding up application was not an abuse of process. The court granted the winding up application and ordered that ASMI International Education Pty Ltd be wound up.