Can a Winding Up Petition be withdrawn?
A Winding Up Petition can be withdrawn but only with the permission of the court. Rule 7.13, IR 2016 describes that the court will only grant permission to withdraw a winding-up petition if:
- The hearing of the application to withdraw is at least five business days before the hearing of the petition.
- The petitioner has not yet given notice of the petition under rule 7.10 (advertised in the Gazette).
- No notices (in support of or in opposition to the petition) have been received by the petitioner.
- The debtor company consents to the withdrawal of the petition