In the matter of News Emporium Pty Limited (in liq)

In the matter of News Emporium Pty Limited, the liquidator applied to set aside the winding up orders and the appointment of the liquidator after the company had been placed into liquidation. The applicant, who was also the sole director and a contributory of the company, sought to challenge the validity of the winding up orders on the basis that they were made in the absence of the applicant and the applicant was unaware of the statutory demand or the winding up application. The liquidator consented to the termination of the winding up, and the creditor neither opposed nor consented to the termination of the winding up. The company was solvent and profitable, and the creditors were protected. The court was required to determine whether the winding up orders were invalid due to the absence of the applicant and the applicant's unawareness of the proceedings.

The court considered the legal principles governing winding up orders and the circumstances in which such orders may be set aside. The court noted that the applicant had not established a valid basis for setting aside the winding up orders. The court held that the absence of the applicant and their unawareness of the proceedings did not render the winding up orders invalid, as the court had jurisdiction to make the orders and the other parties to the proceedings had acted in accordance with the law. The court further held that the creditor's consent to the termination of the winding up, along with the liquidator's consent, was sufficient to terminate the winding up.

In conclusion, the court dismissed the applicant's application to set aside the winding up orders and the appointment of the liquidator. The court held that the winding up orders were valid and that the winding up could be terminated with the consent of the creditor and the liquidator. The court noted that the company was solvent and profitable, and that the creditors were protected. The court made no orders as to costs.