Hawthorne & Anor v Harris, P.W & Ors [1995] FCA 181

CATCHWORDS CONTRACT - Second applicant loaned money to second respondent - no written document as to repayment of moneys executed - whether agreement that repayment would be "when funds available" means such moneys were repayable by the second respondent on demand, or if such moneys were payable only if and when the second respondent had profits available to it - agreement void for uncertainty - second applicant entitled to demand repayment at any time. Corporations Law Argyll Park Thoroughbreds Pty Ltd v Glen Pacific Pty Ltd (1993) 11 ACSR 1 Applied Handbury v Nolan (1977) 13 ALR 339 Applied Winks v WH Heck & Sons Pty Ltd [1986] 1 QdR 226 Applied In the matter of Combined Security Systems & Designs Pty Ltd Sydney Hawthorne & Anor v Patrick William Harris and Maureen Anne Harris & Anor QG 3026 of 1994 Drummond J Brisbane 28 February, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 3026 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) IN THE MATTER of COMBINED SECURITY SYSTEMS & DESIGNS PTY. LTD. (ACN 062 187 071) BETWEEN: SYDNEY HAWTHORNE First Applicant AND: PLASTEC AUSTRALIA PTY. LTD. ACN 010 271 048 Second Applicant AND: PATRICK WILLIAM HARRIS and MAUREEN ANNE HARRIS First Respondents AND: COMBINED SECURITY SYSTEMS & DESIGNS PTY. LTD. ACN 062 187 071 Second Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 28 February, 1995 WHERE MADE: Brisbane THE COURT DECLARES THAT: 1. Since the second applicant's demand of 1 July, 1994 for repayment of loan moneys, there has been a debt due and owing by the second respondent to the second applicant. THE COURT ORDERS THAT: 1. On the second applicant's application, the second respondent be wound up pursuant to s. 459P the Corporations Law.