Missing Link Network Integration Pty Ltd v Keene Consulting International Pty Ltd

Missing Link Network Integration Pty Ltd sought to have Keene Consulting International Pty Ltd wound up under the Corporations Act 2001 (Cth). Keene Consulting International contested the application, arguing that it had not been given sufficient time to comply with a statutory demand, and the application should be dismissed. The Federal Court was tasked with deciding whether the winding-up application was validly made and if the presumption of insolvency could be relied upon given the timing of the demand and application.

The court examined whether the statutory demand was served more than 21 days before the winding-up application was filed, as required by the Corporations Act. The court found that the statutory demand was indeed served more than 21 days prior to the filing of the winding-up application, thus satisfying the statutory requirements. The court further held that the presumption of insolvency could be relied upon even if the winding-up application was filed before the expiry of the 21-day period, provided that the statutory demand was served within the required timeframe.

Based on its findings, the court dismissed the application to wind up Keene Consulting International. The dismissal was grounded on the established statutory requirements for the service of a statutory demand and the subsequent filing of a winding-up application. The court made no orders for costs.