FEDERAL COURT OF AUSTRALIA

Sensis Pty Ltd v Premier Event Hire Pty Ltd, in the matter of Premier Event Hire Pty Ltd  [2006] FCA 1673

SENSIS PTY LTD (ACN 007 423 912) v PREMIER EVENT HIRE PTY LTD (ACN 105 833 190)

VID 1034 OF 2006

YOUNG J

28 NOVEMBER 2006

MELBOURNE

IN THE MATTER OF PREMIER EVENT HIRE PTY LTD (ACN 105 833 190)

THE COURT ORDERS THAT:

1.             The winding up of Premier Event Hire Pty Ltd (ACN 105 833 190) is terminated on 28 November 2006.

2.             This order be entered by the order being authenticated in Court in accordance with O 36 rr 5 and 7 of the Federal Court Rules.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE MATTER OF PREMIER EVENT HIRE PTY LTD (ACN 105 833 190)

REASONS FOR JUDGMENT

1                     In this matter, Mr Nicolo Gulino, a director and shareholder of Premier Event Hire Pty Ltd (in liquidation) (‘the company’) makes an application under s 482(1) of the Corporations Act 2001 (Cth) for an order terminating the winding up of the company.  An order for the winding up of the company was made by this Court on 16 November 2006 in consequence of the company’s non-compliance with a statutory demand served by the plaintiff, Sensis Pty Ltd. 

2                     Mr Gulino has filed an affidavit dated 22 November 2006 in which he explains that he did not address the question of compliance with a notice with sufficient attention or treat it sufficiently seriously.  Subsequently, Mr Gulino has arranged for the company to pay to the plaintiff the entirety of the debt owed to it together with costs requested by the plaintiff.  Mr Gulino has also arranged for the liquidator to be paid the entirety of his fees.  The plaintiff does not oppose this application for the termination of the winding up, having been paid all moneys due to it. 

3                     The liquidator also does not oppose the termination of the winding up.  By letter dated 22 November 2006, the liquidator has confirmed that the company is solvent and that the petitioning creditor has been paid in full.  He also confirms that his fees and costs have been paid and that he has no objection of the company being taken out of liquidation.  In his affidavit, Mr Gulino deposes that the company does not owe any money to a creditor and that is it able to pay its debts as and when they fall due.  In the circumstances, I am prepared to make the order sought.

4                     I have also been asked to make an order that my order terminating the winding up be authenticated in Court in accordance with O 36 rr 5 and 7 of the Federal Court Rules.  To save costs and to permit the company to resume trading in its event hire business as soon as practicable, I am prepared to authenticate the order in Court. 

5                     Accordingly the orders of the Court are as follows:

(1)               The winding up of Premier Event Hire Pty Ltd is terminated on 28 November 2006.

(2)               This order be entered by the order being authenticated in Court in accordance with O 36 rr 5 and 7 of the Federal Court Rules.

Associate:

Dated:         4 December 2006