Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:
1. This concerns two applications. By an originating process filed on 10 September 2024, the plaintiff applies for an order under s 459A of the Corporations Act 2001 (Cth) that the defendant be wound up in insolvency. By an amended interlocutory process filed on 10 June 2025, the defendant seeks relief on the basis that the proceedings being prosecuted by the plaintiff is an abuse of process and, effectively in the alternative, leave under s 459S to oppose the winding up application on the ground that there is a genuine dispute.
2. For the reasons given below, I propose to dismiss both applications.
Relevant background
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