Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gribbles Pathology (Vic) Pty Ltd v Shandford Investments Pty Ltd [2004] FCA 1466
CORPORATIONS – application to set aside statutory demand – plaintiff member of group – defendant controlled by C, CEO, managing director and substantial shareholder of group – loans allegedly made by way of payments to creditors of plaintiff and other group members – payments concealed by C from group's board – no explanation proffered by C – whether genuine dispute that loans made to holding company of group rather than plaintiff –whether demand should also be set aside for "some other reason" PRACTICE AND PROCEDURE – excessive photocopy authorities WORDS AND PHRASES – "some other reason" Corporations Act 2001 (Cth) ss 181(1), 459H(1), 459J(1)(b) Federal Court of Australia Act 1976 (Cth) s 5(2))
Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 cited GRIBBLES PATHOLOGY (VIC) PTY LTD v SHANDFORD INVESTMENTS PTY LTD NO V1051 OF 2004 HEEREY J 29 NOVEMBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V1051 OF 2004
BETWEEN: GRIBBLES PATHOLOGY (VIC) PTY LTD
PLAINTIFF
AND: SHANDFORD INVESTMENTS PTY LTD
DEFENDANT
JUDGE: HEEREY J
DATE OF ORDER: 29 NOVEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The statutory demand dated 6 August 2004 is set aside. 2. The defendant pay the plaintiff's costs, including reserved costs. 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 V1051 OF 2004
BETWEEN: GRIBBLES PATHOLOGY (VIC) PTY LTD
PLAINTIFF
AND: SHANDFORD INVESTMENTS PTY LTD
DEFENDANT
JUDGE: HEEREY J
DATE: 29 NOVEMBER 2004
PLACE: MELBOURNE
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