Bluecrest Holdings Pty Ltd v Steve Blyth Electrical Engineering & Contracting Pty Ltd [1998] FCA 241

FEDERAL COURT OF AUSTRALIA

Corporations - application to set aside a statutory demand for the winding up of a company in insolvency - whether applicant may rely on supporting affidavits filed and served out of time where they raise new grounds. Corporations Law - s 459 Federal Court Rules of Court - O 71 r 36B

David Grant and Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265- cons. Eden Bay Pty Limited v Bennett and Co (1997) 15 ACLC 1,634 - cons. D & S Group of Companies Pty Limited v O'Connor Investments Pty Limited (1997) 15 ACLC 1,794 - cons. Brentwood Terrace Pty Limited, Lee J, 28 November 1997, unreported. - cons. Sandena Pty Limited v Sydney Autolac Centre Pty Limited, Hill J, 5 December 1997, unreported - cons.

BLUECREST HOLDINGS PTY LIMITED V STEVE BLYTH ELECTRICAL ENGINEERING & CONTRACTING PTY LIMITED NG 3202 of 1997 JUDGE: BEAUMONT J. PLACE: SYDNEY DATE: 23 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3202 of 1997

BETWEEN: BLUECREST HOLDINGS PTY LIMITED

Applicant

AND: STEVE BLYTH ELECTRICAL ENGINEERING & CONTRACTING PTY LIMITED

Respondent

JUDGE: BEAUMONT J.

DATE OF ORDER: 23 FEBRUARY 1998

WHERE MADE: SYDNEY

ORDERS: 1. Stand the application for review over to 13 March 1998 or such other date as may be fixed for submissions on the orders that now ought to be made in the light of these reasons and on any directions that are required. 2. Direct that the parties file and serve by 10 March 1998 written submissions on the question mentioned in order 1.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3202 of 1997

BETWEEN: BLUECREST HOLDINGS PTY LIMITED