Mayo v W and K Holdings (NSW) Pty Limited

The appeal concerned an application by the appellant, Mayo, for leave to proceed with an appeal against the first respondent, W and K Holdings (NSW) Pty Limited, which was in liquidation. The application was brought pursuant to section 471B of the *Corporations Act 2001* (Cth).

The central legal issue before the court was whether leave should be granted to the appellant to continue with their appeal against a company that was subject to a winding-up order. This required the court to consider the circumstances under which such leave would be appropriate, particularly in light of the company's insolvent status.

Barrett JA granted the application, noting that the liquidator of the respondent company did not oppose the grant of leave. His Honour considered that in the specific circumstances of the case, the lodging of a proof of debt was not a realistic prospect for the respondent. Consequently, the court ordered that the appellant be granted leave to proceed with the appeal against the first respondent, with the costs of the motion to be costs in the cause.