In the matter of Bromesley Pty Limited (Receiver and Manager Appointed)

Bromesley Pty Limited, a company in external administration, was the subject of an application by a creditor seeking its winding up on the just and equitable ground. The application was heard in the Supreme Court of Victoria. The dispute centred on the irretrievable breakdown between the company's directors and shareholders, resulting in a deadlock in the company's affairs. Additionally, there were doubts about the company's solvency, and the creditor argued that winding up was the appropriate remedy.

The court was required to determine whether the circumstances warranted winding up the company on the just and equitable ground. The key legal issue was whether the breakdown in relations and the deadlock in the company's affairs, combined with the doubtful solvency, justified winding up the company. The court also needed to consider whether any alternative remedies had been proposed or whether the applicant had abandoned any previous assertions of the availability of other remedies.

The court found that the irretrievable breakdown between the directors and shareholders, along with the deadlock in the company's affairs, supported the application for winding up on the just and equitable ground. The court noted that the applicant had not pressed any earlier assertion that some other remedy apart from winding up was available. Given the doubts about the company's solvency, the court concluded that winding up was the appropriate course of action. The court ordered the winding up of Bromesley Pty Limited on the just and equitable ground.