In the matter of Pax In Bello Pty Limited

Case

[2019] NSWSC 889

24 May 2019


Details
AGLC Case Decision Date
In the matter of Pax In Bello Pty Limited [2019] NSWSC 889 [2019] NSWSC 889 24 May 2019

CaseChat Overview and Summary

Pax In Bello Pty Limited was the subject of a winding-up application, which was subsequently stayed by the Court. The company's liquidators applied to the court for an order terminating the winding up, on the basis that the company had sufficient assets to pay its debts in full. The company's creditors did not oppose the application. The primary focus of the court's consideration was whether the company's assets were sufficient to pay its debts in full, and whether any other conditions for terminating a winding up had been satisfied.

The court considered whether the company's assets were sufficient to pay its debts in full, and whether the liquidators had provided sufficient evidence to demonstrate this. The court also considered whether the liquidators had provided sufficient evidence to demonstrate that they had placed funds into the company's account to meet its debts. The court held that the liquidators had provided sufficient evidence to demonstrate that the company's assets were sufficient to pay its debts in full, and that they had placed funds into the company's account to meet its debts. The court also held that no creditors had opposed the termination of the winding up.

The court concluded that the company's assets were sufficient to pay its debts in full, and that the liquidators had provided sufficient evidence to demonstrate this. The court also concluded that the liquidators had provided sufficient evidence to demonstrate that they had placed funds into the company's account to meet its debts. The court further concluded that no creditors had opposed the termination of the winding up. Accordingly, the court made an order terminating the winding up of Pax In Bello Pty Limited.
Details

Areas of Law

  • Corporate Law & Governance

  • Insolvency Law

Legal Concepts

  • Winding Up & Liquidation

  • Unconscionable Conduct

  • Restitution

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Re Glass Recycling Pty Ltd [2014] NSWSC 439