Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CORPORATIONS LAW – winding up – statutury demand served by creditor – application to set aside demand filed in time – supporting affidavit – service requirements – minimum requirements of affidavit – dispute as to whether the last page of the affidavit was served on the solicitors for the creditor
Corporations Law, s 459E, s 459G,s 459H David Grant and Co. v Westpac Banking Corporation (1995) 184 CLR 265 - cited Graywater Properties Pty Ltd v Gas and Fuel Corporation Superannuation Fund (1996) 70 FCR 452 - cited TRYCALA PTY LTD v NATURE'S REALM (AUSTRALIA) PTY LTD VG 3184 of 1998 BEFORE: RYAN JR PLACE: MELBOURNE DATE: 24 AUGUST 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3184 of 1998
BETWEEN: TRYCALA PTY LTD
Applicant
AND: NATURE'S REALM (AUSTRALIA) pTY lTD
Respondent
JUDICIAL REGISTRAR: RYAN
DATE OF ORDER: 24 august 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. the respondent's Motion filed 26 June 1998 and heard 3 August 1998 be dismissed (this being a Motion for a declaration that the applicant's application to set aside a statutory demand filed 28 May 1998 be declared invalid). 2. the respondent pay the applicant's costs in respect of the Motion. 3. the application to set aside the statutory demand be listed for hearing and determination as soon as practicable. 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 3184 of 1998
BETWEEN: TRYCALA PTY LTD
Applicant
AND: NATURE'S REALM (AUSTRALIA) pTY lTD
Respondent
JUDICIAL REGISTRAR: RYAN
DATE: 24 august 1998
PLACE: MELBOURNE
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