In the matter of Bero Admin Services Pty Limited

Bero Admin Services Pty Limited appealed a decision of the registrar who had refused to adjourn a winding up order. The appeal was heard in the Federal Circuit Court of Australia. The dispute centred on whether the appeal was an appeal or a review of the registrar's decision and if the final winding up order needed to be impugned to challenge the interlocutory order not to adjourn the winding up. The company sought leave to appeal in its own name and for the appeal to be by way of a rehearing, including the availability of fresh evidence.

The legal issues that the court had to decide were whether the appeal was an appeal or a review of the registrar’s decision, and if the final winding up order must be impugned to challenge the interlocutory order. The court also had to consider whether the appeal was by way of a rehearing and if fresh evidence could be introduced. The court examined whether the decision of the registrar to not adjourn the winding up was in the interests of the creditors and whether there was any evidence to support the company’s position that it could fund payments to creditors under a proposed deed of company arrangement.

The court found that the appeal was an appeal of the registrar’s decision and not a review, and that the final winding up order did not need to be impugned to challenge the interlocutory order. The court held that the appeal was by way of a rehearing and that fresh evidence could be introduced. The court also held that the decision of the registrar was in the interests of the creditors, as the company had no assets, was no longer trading, and there was no evidence of its ability to fund payments to creditors under the proposed deed of company arrangement. The court found that the greater likely return to creditors would come from winding up rather than continuing the administration. The appeal was dismissed.

The court did not make any final orders as the appeal was dismissed.