Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kortz Ltd v Data Acquisition Pty Ltd [2006] FCA 1722
CORPORATIONS LAW – consideration of an application to set aside service of a statutory demand – consideration of whether the Plaintiff Applicant has complied with the requirements of s 459G(3) of the Corporations Act 2001 (Cth) – consideration of the requirements of strict compliance in relation to service of an affidavit in support of an application – consideration of the distinction between exhibits and annexures – consideration of the application of the decision of the Full Court of the Supreme Court of Western Australia in Robowash Pty Ltd v Robowash Finance Pty Ltd (2000-2001) 158 FLR 338.
Corporations Act 2001 (Cth), ss 459E, 459G, 459H, 459J Federal Court (Corporations) Rules 2000 Supreme Court (General Civil Procedure) Rules 2005, of Victoria David Grant & Co v Westpac Banking Corporation (1995) 184 CLR 265 – cited Robowash Pty Ltd v Robowash Finance Pty Ltd (2000–2001) 158 FLR 338 – cited Re Bell Construction Services Pty Ltd; Bell Construction Services Pty Ltd v Form-Kwip Building Services [2001] NSWSC 73 – cited Eastern Metropolitan Regional Council v Four Seasons Construction Pty Ltd [2001] WASCA 299 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 21 ACSR 581 - cited John Holland Construction and Engineering Pty Ltd v Kilpatrick Green Pty Ltd (1994) 14 ACSR 250 - cited Re Louisbridge Pty Ltd [1994] 2 Qd R 144 - cited Dromore Fresh Produce Pty Ltd v W Paton (Fertilisers) Pty Ltd (1997) 23 ACSR 230 - cited KORTZ LTD ACN 113 534 688 v DATA ACQUISITION PTY LTD ACN 050 209 848 QUD413 OF 2006
GREENWOOD J
11 DECEMBER 2006
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD413 OF 2006
BETWEEN: KORTZ LTD ACN 113 534 688
Plaintiff
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