Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandos Painting Pty Limited (ACN 118 852 832) v Southern NSW Maintenance Pty Ltd (In Liquidation) (ACN 117 950 740) [2007] FCA 975
CORPORATIONS – application to set aside statutory demand – whether prospective or contingent liability – whether genuine dispute as to whether s 569 Corporation Act 2001 (Cth) operates. Corporations Act 2001 (Cth), ss 459, 569, 588F, 596 Armorduct Manufacturing Company Ltd v General Incandescent Company Ltd [1911] 2 KB 143 cited Bibra Lake Holdings Pty Ltd v Firmadoor Australia Pty Ltd 7 (1992) ACSR 380 cited SANDOS PAINTING PTY LTD v SOUTHERN NSW MAINTENANCE PTY LTD (IN LIQUIDATION) (ACN 117 950 740) NSD633 OF 2007
EMMETT J
29 JUNE 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD633 OF 2007
IN THE MATTER OF SANDOS PAINTING PTY LIMITED (ACN 118 852 832) BETWEEN: SANDOS PAINTING PTY LIMITED (ACN 118 852 832)
Plaintiff
AND: SOUTHERN NSW MAINTENANCE PTY LTD (IN LIQUIDATION) (ACN 117 950 740)
First Defendant
GIDEON ISAAC RATHNER AS ONE OF THE LIQUIDATORS OF SOUTHERN NSW MAINTENANCE PTY LTD (IN LIQUIDATION) (ACN 117 950 740)
Second Defendant
DAVID JOHN COYNE AS ONE OF THE LIQUIDATORS OF SOUTHERN NSW MAINTENANCE PTY LTD (IN LIQUIDATION) ACN 117 950 740
Third Defendant
JUDGE: EMMETT J
DATE OF ORDER: 29 JUNE 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The Plaintiff pay the Defendants' costs of the proceeding. 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 NSD633 OF 2007
IN THE MATTER OF SANDOS PAINTING PTY LIMITED (ACN 118 852 832) BETWEEN: SANDOS PAINTING PTY LIMITED (ACN 118 852 832)
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