IFA Homeware Imports Pty Ltd v Shanghai Jerrys Candle Company Ltd [2003] FCA 533

FEDERAL COURT OF AUSTRALIA

IFA Homeware Imports Pty Ltd v Shanghai Jerrys Candle Company Ltd [2003] FCA 533 CORPORATIONS – application seeking to set aside a creditor's statutory demand for payment of debt – claim that statutory demand fails to comply with legislative requirements – applicant asserts existence of genuine dispute – cheques for payment of debt drawn in favour of third party – failure to specify debt due and payable – supporting affidavit does not state belief as to the absence of any genuine dispute – whether statutory demand should be set aside

Corporations Act 2001 (Cth) ss 459E, 459G, 459H, 459J

Pro-Image Productions (Vic) Pty Ltd v Catalyst Television Productions Pty Ltd (1988) 14 ACLR 303 referred to Eastern Metropolitan Regional Council v Four Seasons Construction Pty Ltd (2002) 20 ACLC 352 cited Wildtown Holdings Pty Ltd v Rural Traders Co Ltd [2002] WASCA 196 cited B & M Quality Constructions Pty Ltd v Buyrite Steel Supplies Pty Ltd (1994) 15 ACSR 433 discussed Technitrade Pty Ltd v Compucon Computers (SA) Pty Ltd [2002] SASC 309 cited IFA HOMEWARE IMPORTS PTY LTD v SHANGHAI JERRYS CANDLE COMPANY LTD N 3077 of 2002 TAMBERLIN J SYDNEY 30 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3077 OF 2002

BETWEEN: IFA HOMEWARE IMPORTS PTY LIMITED

ACN 077 519 549

APPLICANT

AND: SHANGHAI JERRYS CANDLE COMPANY LIMITED

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 24 APRIL 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The statutory demand of the respondent dated 8 November 2002 be set aside. 2. The respondent pay the applicant's costs. 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 N 3077 OF 2002