Macquarie University v Macquarie University Union Ltd (No 2)

The case of Macquarie University v Macquarie University Union Ltd (No 2) involved Macquarie University and the Macquarie University Union Ltd (MUU) as the primary parties. The dispute centred around the insolvency and winding-up of both MUU and Venues at Macquarie Pty Limited, a subsidiary of MUU. The Federal Court was tasked with determining whether the grounds for winding up the companies were established. The decision also involved interlocutory applications regarding the payment of debts by certain individuals and entities.

The court was required to decide whether the statutory grounds for winding up MUU and Venues were met under sections 459A and 459P of the Corporations Act 2001 (Cth). This involved assessing the financial positions of the companies, the validity of the winding-up applications, and the appropriateness of the proposed liquidator. The court also had to address the interlocutory applications concerning the payment of debts into court by Steven John Brown and Macquarie University Students’ Council Incorporated.

The court determined that the statutory grounds for winding up both MUU and Venues were indeed established. The winding-up orders were made based on the companies' insolvency and inability to pay their debts. The court accepted that Mr Brown would pay the specified amounts into court and waived the strict compliance with the notice rule. The court appointed Trevor Mark Pogroske as liquidator for both companies. The interlocutory application concerning the annual general meeting of MUU was dismissed as the winding-up order made it otiose. The court also ordered that the taxed costs of the plaintiffs be reimbursed from the defendants' property.

The court ordered that Steven John Brown pay $118,000 and $115,000 into court, respectively, to abide the further order of the court. The interlocutory applications were stood over for further directions. Compliance with the notice rule was dispensed with. The court ordered the winding up of MUU and Venues, and Trevor Mark Pogroske was appointed liquidator. The interlocutory application against Macquarie University Students’ Council Incorporated was dismissed. The taxed costs incurred by the plaintiffs were to be reimbursed to them out of the property of the defendants.