Save My Bacon Ltd v Marketing Intelligence Ltd

In the matter of *Save My Bacon Ltd v Marketing Intelligence Ltd*, the Supreme Court of Queensland considered a dispute between Save My Bacon Ltd (the applicant) and Marketing Intelligence Ltd (the respondent). The applicant sought to wind up the respondent company on the grounds of insolvency, alleging that the respondent had failed to pay a debt owed to the applicant.

The primary legal issue before the Court was whether the respondent company was unable to pay its debts as they fell due, thereby satisfying the criteria for compulsory winding up under the *Corporations Act 2001* (Cth). This involved an assessment of the respondent's financial position and its capacity to meet its liabilities.

Justice Wilson found that the applicant had not discharged its onus of proving that the respondent was insolvent. The Court considered the evidence presented by both parties regarding the respondent's financial state, including its assets, liabilities, and cash flow. Ultimately, the Court concluded that the evidence did not establish that the respondent was unable to pay its debts, and therefore, the application for winding up was dismissed.