Federal Court of Australia
| ; UUDGMENT No. OAS 2.
CATCHWORD
CORPORATIONS LAW - application to set aside statutory demand - total amount of debt shown on demand - no specification of
interest and charges - whether demand defective - "defect" - requirement of substantial injustice.
CORPORATIONS LAW - service of documents - documents left at registered office of company - question of credit.
Corporations Law s 9, s 459E, s 459G, s 459J, s 4598S.
AZED Developments Pty Ltd v Frederick & Co Ltd (1994) 12 ACLC 949
Kalamunda Meat Wholesalers Pty Ltd vy Reg Russell & Sons Pty Ltd (1994) 12 ACLC 391.
Topfelt Pty Ltd v State Bank of New South Wales (1993) 47 FCR 226.
22 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTAY
CHAINS & POWER _ (AUST PTY LIMITED v COMMONWEALTH BANK OF AUSTRALIA No. NG 3458 of 1994
Sackville J. 22 December, 1994 Sydney.
ane treet Soe aye fost
FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. NG 3458 of 1994
— eee
BETWEEN:
CHAINS & POWER (AUST) PTY LIMITED
Applicant AND:
COMMONWEALTH BANK OF AUSTRALIA Respondent
CORAM: SACKVILLE J. PLACE: SYDNEY DATE : 22 DECEMBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. ft " NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 3458 OF 1994 GENERAL DIVISION )
BETWEEN:
CHAINS & POWER (AUST) PTY LIMITED Applicant
AND:
COMMONWEALTH BANK OF AUSTRALIA Respondent
CORAM: SACKVILLE J. PLACE : SYDNEY DATE: 22 DECEMBER 1994
REASONS FOR JUDGMENT
Chains & Powers (Aust) Pty Ltd ("the company") applies to the Court, pursuant to s.459G of the Corporations Law, to set aside
a statutory demand served by the Commonwealth Bank of Australia ("the Bank"). The demand was made on the company pursuant to s.459E of the Corporations Law and required the company to pay the sum of $752,995.22 to the creditor within 21 days. The Bank claimed that the statutory notice had been served on the company
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