Federal Court of Australia
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JUDGMENT No. 203. 1.5, --- CATCHWORDS 'os
CORPORATIONS LAW - Statutory demand - setting aside - whether genuine dispute - whether offsetting claim
Corporations Law s 459E, s 459G, s .459H, s 459J, s 459N, Regulation 1.04
Acts Interpretation Act 1901 (Cth) s 25C .
HORNET AVIATION PTY LTD v ANSETT INTERNATIONAL AIR FREIGHT A
DIVISTON OF ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY LTD No TG 3005 of 1994 .
NORTHROP J HOBART
6 DECEMBER 1994
10 FEB 1995
FEDERAL COURT OF AUSTRALIA. ©
PRINCIPAL REGISTRY
IN .THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY No TG 3005 of 1994
GENERAL DIVISION
BETWEEN:
HORNET AVIATION PTY LTD Applicant
ANSETT INTERNATIONAL AIR FREIGHT .
A DIVISION OF ANSETT TRANSPORT INDUSTRIES (QPERATIONS) PTY LTD ,
Respondent
COURT: NORTHROP J
PLACE : HOBART
DATE: 6 DECEMBER 1994
REASONS FOR JUDGMENT
This is a case where the purpose behind the legislation is clear even though the wording of the provisions give rise to difficulty. Confusion and differences of opinion have been expressed in different Courts. This gives rise to great problems for those in the commercial area who have to deal with this type of problem. I am referring to the provisions of Part 5.4 of the Corporations Law, "Winding up in Insolvency", provisions inserted into the Corporations Law by Act No. 210 of 1992 and which came into operation on 23 June 1993. Since then there have been a large number of cases dealing with aspects of the provisions. I do not propose to refer to all those authorities, or even many of them, but it is helpful to refer to maybe three or four of those cases. A recent one is by Lockhart J in Chadwick Industries South Coast
Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37,
_-- 2 where his Honour, among other things, refers to a number of i the earlier decisions including a decision of Young J of the Supreme Court of New South Wales in Jerrison Holdings Pty Ltd v Middle Fast Trading Consultants Pty Ltd (1994) 13 ACSR 455 and a decision of Thomas J of the Supreme Court of Queensland in re Morris Catering Australia Pty Ltd (1993) 11 ACSR 601. I refer to a judgment that I gave on 9 February 1994 in the matter of Greenwood Manor Pty Ltd v Woodlock (1994) 48 FCR 229 and I should refer also to the judgment of the Supreme Court of Victoria, Mybore Investments Pty Ltd v Commonwealth Bank of
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