In the matter of Jireh Karalae Pty Ltd

Jireh Karalae Pty Ltd applied to set aside orders winding up the company in insolvency. The application was brought in the Supreme Court of New South Wales. The company sought to overturn the orders on the basis that it had not been properly served and had no opportunity to contest the winding up application. The legal issues the court was required to decide were whether the company was properly served with the winding up application, and if it was not, whether the orders could be set aside under section 524 of the Corporations Act 2001. The court held that the company had not been properly served and that the orders should be set aside. The court found that there was no evidence of the company’s solvency and that it was likely to be insolvent. The court noted that the company had not provided any evidence to rebut the presumption of insolvency arising from the making of the winding up application. The company was ordered to pay the costs of the application.