Graywinter Properties Pty Ltd (ACN 051 373 570) v Dyer, Arthur James [1996] FCA 1001

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 3223 of 1996 ) GENERAL DIVISION ) BETWEEN: GRAYWINTER PROPERTIES PTY LTD ACN 051 373 570 (Applicant) AND: ARTHUR JAMES DYER (Respondent) CORAM: Ryan J DATE: 19 November 1996 PLACE: Melbourne MINUTES OF ORDER THE COURT ORDERS: 1. That the motion on notice dated 23 August 1996 be dismissed. 2. That, in the event that the applicant is wound up in an application relying on the present demand as varied by the order of Jenkinson J, the respondent's costs of this application form part of its costs in that winding up application, but that otherwise the applicant pay the respondent's costs of this motion to be taxed or as agreed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) No VG 3224 of 1996 ) GENERAL DIVISION ) BETWEEN: GRAYWINTER INVESTMENTS PTY LTD ACN 057 813 144 (Applicant) AND: ARTHUR JAMES DYER (Respondent) CORAM: Ryan J DATE: 19 November 1996 PLACE: Melbourne MINUTES OF ORDER THE COURT ORDERS: 1. That the motion on notice dated 23 August 1996 be dismissed. 2. That, in the event that the applicant is wound up in an application relying on the present demand as varied by the order of Jenkinson J, the respondent's costs of this application form part of its costs in that winding up application, but that otherwise the applicant pay the respondent's costs of this motion to be taxed or as agreed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) VICTORIA DISTRICT REGISTRY ) ) GENERAL DIVISION ) No VG 3223 of 1996 BETWEEN: GRAYWINTER PROPERTIES PTY LTD ACN 051 373 570 (Applicant) AND: ARTHUR JAMES DYER (Respondent) No VG 3224 of 1996 BETWEEN: GRAYWINTER INVESTMENTS PTY LTD ACN 057 813 144 (Applicant) AND: ARTHUR JAMES DYER (Respondent) CORAM: Ryan J DATE: 19 November 1996 PLACE: Melbourne REASONS FOR JUDGMENT RYAN J: The applicants each applied on 15 May 1996 under ss 459G and 459H of the Corporations Law to set aside a statutory demand dated 23 April 1996 served on each applicant on 24 April 1996. On 24 July 1996 Jenkinson J ordered: 1. The statutory demand dated 23 April 1996 be varied by substituting for the sum of $877,292.96 the sum of $794,994.