In the matter of Halal Meats Australia Pty Limited

Halal Meats Australia Pty Limited was the subject of an application by a creditor seeking leave to wind up the company voluntarily, in accordance with section 490(1)(a) of the Corporations Act 2001 (Cth). The creditor had filed an application for the company to be wound up in insolvency one day before the resolution for voluntary winding up was passed. The company consented to the grant of leave, and the court was required to decide whether to grant the leave nunc pro tunc to allow the voluntary winding up to proceed.

The court considered the relevant provisions of the Corporations Act and the circumstances of the case. The creditor had filed the application for winding up in insolvency one day before the resolution for voluntary winding up was passed, but the company had consented to the grant of leave. The court held that the consent of the company to the grant of leave nunc pro tunc was a relevant factor to be taken into account. The court also considered the purpose of the provision, which was to allow the voluntary winding up to proceed where there had been a technical defect in the timing of the application. The court held that the consent of the company and the purpose of the provision supported the grant of leave nunc pro tunc.

Accordingly, the court granted the leave nunc pro tunc, and the company was wound up voluntarily. The creditor's application for leave was dismissed as moot, as the leave had been granted. The court held that the grant of leave nunc pro tunc was appropriate in the circumstances of the case, as it allowed the voluntary winding up to proceed and avoided unnecessary expense and delay. The company was wound up voluntarily, and the creditor's application for leave was dismissed.