Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS - winding-up - statutory demand - application to set aside statutory demand on grounds of disputed debt - whether genuine dispute about the existence or amount of debt Corporations Law (Vic) ss 459G, 459H Accident Compensation (WorkCover Insurance) Act 1993 (Vic) ss 17, 26 Mibor Investments Pty Ltd v Commonwealth Bank (1993) 11 ACLC 1062 McPherson, The Law of Company Liquidation (3rd ed. p.63) Scanhill Pty Ltd v Century 21 Australasia Pty Ltd (1994) 12 ACLC 111 John Holland Construction and Engineering Pty Ltd v Kilpatrick Green Pty Ltd (1994) 12 ACLC 716 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 JSW Parts Pty Ltd v Dacaro Pty Ltd, (unreported, 11 August 1997) Spencer Constructions Pty Ltd v G and M Aldridge Pty Ltd (1997) 147 ALR 444 Moyall Investment Services Pty Ltd v White (1993) 12 ACSR 320 Morris Catering (Australia) Pty Ltd (1993) 11 ACLC 919
SOOLEN HOTELS PTY LTD v NZI WORKERS' COMPENSATION (VICTORIA) LIMITED VG 3086 of 1998
Judicial Registrar Ryan Melbourne 26 June 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3086 of 1998
BETWEEN: Soolen Hotels Pty Ltd
Applicant
AND: NZI WORKERS' COMPENSATION (Victoria) LIMItEd
Respondent
JUDICIAL REGISTRAR: RYAN
DATE OF ORDER: 26 JUNE 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The statutory demand for payment of debt dated 4 March 1998 and served upon the applicant on or about 6 March 1998 be set aside. 2. The respondent pay the applicant's costs of the application. 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 VG 3086 of 1998
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