Introduction

[1] It is axiomatic that the raison d'etre for the granting of an injunction to restrain a presentation of a winding up petition, commonly referred to as a Fortuna Injunction, is to prevent an abuse of process of court. In Fortuna Holdings Pty Ltd v. The Deputy Commissioner of Taxation of the Commonwealth of Australia [1978] VR 83, the juridical basis for the relief was elucidated by McGarvie J of the Supreme court of Victoria. In this regard, a Fortuna Injunction deserves it rightful place in the annals of civil practice and procedure. Its continued