Webforge Australia Pty Ltd v Tecniskill Co-operation Pty Ltd

Tecniskill Co-operation Pty Ltd was a company that had been ordered into liquidation by a French court. Webforge Australia Pty Ltd applied to the Federal Court of Australia for leave to wind up Tecniskill, which was now in liquidation, in order to pursue a money judgment obtained against it. The legal issue for the Court to determine was whether it had the power to grant leave to wind up a company in liquidation, where the winding up order was made by a foreign court, and where the proceeding would be pursued as an appeal.

The Court held that it had the jurisdiction to hear the appeal and grant leave to wind up Tecniskill. It found that the appeal was not precluded by any principles of comity or foreign judgments, and that it was appropriate for the Court to consider the matter in the context of an appeal. The Court noted that the question on appeal was whether Tecniskill retained the money judgment, and that this was a matter that could only be determined by the Court. The Court found that it was appropriate to grant leave to wind up Tecniskill, in order to allow Webforge to pursue its money judgment. The Court ordered that Tecniskill be wound up and that the proceeds of the winding up be applied in satisfaction of the money judgment.