Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CORPORATIONS LAW – application to set aside a statutory demand – whether copies of application and supporting affidavit may be served by facsimile transmission – whether failure of creditor to explain the basis of alleged indebtedness at time of or prior to service of demand is a ground to set it aside – whether there is a genuine dispute where basis of the debt is uncertain Corporations Law ss 459E, 459G, 459J Rochester Communications Group Pty Ltd v Lader Pty Ltd (1997) 23 ACSR 380 – considered Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 – applied Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 - considered
IN THE MATTER OF: SECTION 459G OF THE CORPORATIONS LAW OF VICTORIA
IN THE MATTER OF: AUSTRALIAN UNDERWRITING AGENCIES PTY LTD
AUSTRALIAN UNDERWRITING AGENCIES PTY LIMITED v QBE INSURANCE LIMITED VG 3364 OF 1998 JUDGE: MERKEL J PLACE: MELBOURNE DATE: 18 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3364 of 1998
in the matter OF: section 459g of the corporations law of victoria
in the matter of: australian underwriting agencies pty ltd acn 052 231 937
BETWEEN: AUSTRALIAN UNDERWRITING AGENCIES PTY Limited
acn 052 231 937
Applicant
AND: QBE INSURANCE LIMITED
acn 000 157 899
Respondent
JUDGE: MERKEL J
DATE OF ORDER: 18 december 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The statutory demand by the respondent dated 15 October 1998 be set aside. 2. The respondent pay the applicant's taxed costs of and incidental to 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
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