Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CORPORATIONS - statutory demand - application to set aside - whether statutory demand may be set aside once the debt has been paid - whether application an abuse of process - power of court to deal with an abuse of process – whether court has power to vary the time for compliance with a statutory demand Corporations Law s 459F Apted v Apted [1930] P 246 mentioned Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 mentioned Metropolitan Bank Ltd v Pooley (1885) 10 App.Cas. 210 mentioned Williams v Spautz (1991-1992) 174 CLR 509 mentioned
K.C. parksafe (vic) pty ltd & ORS v dallbrook pty ltd
VG 3285 of 1998
finkelstein j
9 october 1998
melbourne
IN THE FEDERAL COURT OF AUSTRALIA
Victoria DISTRICT REGISTRY vg 3285 of 1998
between: K.C. parksafe (vic) pty ltd
K.C. parksafe (sa) pty ltd
K.C. parksafe (wa) pty ltd
K.C. parksafe (aust) pty ltd
K.C. parksafe (brisbane) pty ltd
K.C. parksafe (nsw) pty ltd and
K.C. parksafe (tas) pty ltd
Applicants
and: dallbrook pty ltd
Respondent
JUDGE: finkelstein j
DATE OF ORDER: 9 october 1998
WHERE MADE: melbourne
THE COURT ORDERS THAT: 1. The respondent's motion dated 1 September 1998 be dismissed. 2. The application be dismissed. 3. The applicants pay the respondent's costs of and incidental to the application, other than the costs incurred by it on 25 September 1998, such costs to include all costs incurred by the respondent except insofar as they are unreasonable in amount or have been unreasonably incurred so that, subject to the exceptions mentioned, the respondent is indemnified by the applicants for its costs. Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
Victoria DISTRICT REGISTRY vg 3285 of 1998
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