Universal Music Australia Pty Limited v Brown [2003] FCA 1213

FEDERAL COURT OF AUSTRALIA

Universal Music Australia Pty Limited v Brown [2003] FCA 1213

CORPORATIONS – statutory demands – application to set aside – whether defect causative of substantial injustice – whether some other reason why demands should be set aside – failure to identify debt – history of proceedings of failure to particularise claim

Corporations Act 2001 (Cth) ss 459H, 459G, 459J(1)(a), 459J(1)(b), 459J(2) Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 applied Delta Beta Pty Ltd v Everhard Vissers (1996) 20 ACSR 583 cited Kalamunda Meat Wholesalers Pty Ltd v Reg Russell & Sons Pty Ltd (1994) 51 FCR 446 cited Eastern Metropolitan Regional Council v Four Seasons Constructions Pty Ltd (2002) 20 ACLC 352 cited Moutere Pty Ltd v Deputy Commissioner of Taxation (2000) 34 ACSR 533 applied UNIVERSAL MUSIC AUSTRALIA PTY LIMITED v ROBERT GEOFFREY BROWN W3008 of 2003 CENTENARY AUSTRALIA PTY LIMITED v ROBERT GEOFFREY BROWN W3009 of 2003 RD NICHOLSON J 31 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W3008 OF 2003

W3009 OF 2003

BETWEEN: W3008 of 2003

UNIVERSAL MUSIC AUSTRALIA PTY LIMITED

(ACN 000 158 592)

PLAINTIFF

W3009 of 2003

CENTENARY AUSTRALIA PTY LIMITED

(ACN 085 156 216)

PLAINTIFF

AND: ROBERT GEOFFREY BROWN

DEFENDANT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 31 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. In matter W3008 of 2003: a. The statutory demand dated 26 March 2003 served on the plaintiff on 31 March 2003, purportedly amended on 10 April 2003 and re-served on 14 April 2003, be set aside. b. The purported amended statutory demand dated 10 April 2003 and re-served on 14 April 2003 be set aside. c. The defendant's notice of motion dated 9 May 2003, his amended notice of motion dated 12 May 2003 and his further notice of motion filed 8 August 2003 be refused. d. The defendant pay the plaintiff's costs (including reserved costs) of the application. 2. In matter W3009 of 2003: a. The statutory demand dated 26 March 2003 served on the plaintiff on 31 March 2003, purportedly amended on 10 April 2003 and re-served on 14 April 2003, be set aside. b. The purported amended statutory demand dated 10 April 2003 and re-served on 14 April 2003 be set aside. c. The defendant's notice of motion dated 9 May 2003, his amended notice of motion dated 12 May 2003 and his further notice of motion filed 8 August 2003 be refused. d. The defendant pay the plaintiff's costs (including reserved costs) of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.