In the matter of Dexterity Holdings Pty Ltd (managers appointed pursuant to the Property and Stock Agents Act 2002); In the matter of Cubed Realty Pty Ltd (managers appointed pursuant to the Property and Stock..

In the Federal Court, Dexterity Holdings Pty Ltd and Cubed Realty Pty Ltd, companies in liquidation, sought reinstatement following their winding up. The applicants argued that the winding up orders were obtained without proper jurisdiction or due process. The court needed to determine whether the winding up orders were valid and, if not, whether the companies should be reinstated.

The central legal issue was whether the winding up orders were validly obtained, considering the applicants' claims of procedural unfairness and jurisdictional errors. The court examined the evidence and arguments presented by the applicants and the liquidators, focusing on whether the orders were made in accordance with the applicable legislation and procedural fairness.

The court found that the winding up orders were validly obtained and that there was no procedural unfairness. The applicants had not demonstrated any jurisdictional errors or breaches of natural justice. The court held that there was no basis for setting aside the winding up orders or reinstating the companies. Consequently, the applicants' request for reinstatement was denied.

The court also addressed the issue of costs incurred by non-parties. Although the interested party sought costs under rule 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW), the court declined to award costs, finding that there were no exceptional circumstances warranting such an award.