Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gryst v Dromana Estate Limited (ACN 090 000 276), in the matter of Dromana Estate Limited [2008] FCA 1148 CORPORATIONS – Ch 5 Pt 5.4 of the Corporations Act 2001 (Cth) – s 459P application to wind up in insolvency – operation of s 459C(2)(a) presumption of insolvency – whether statutory demand 'stale' – application summarily dismissed Federal Court of Australia Act 1975 (Cth) s 31A(2) Corporations Act 2001 (Cth) ss 459A, 459B, 459C(2)(a), 459F, 459G, 459P Federal Court Rules O 20 r 5
Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd (2008) 243 ALR 207 cited David Grant & Co Pty Limited (rec apptd) v Westpac Banking Corporation (1995) 184 CLR 265 cited Pinn v Barroleg Pty Ltd (1997) 138 FLR 417 applied Deputy Commissioner of Taxation v Tixana Pty Ltd (2003) 202 ALR 401 applied Hardel Property Holdings Pty Ltd v Allmark Property Management Pty Ltd (2008) 26 ACLC 122 cited Re Turf Enterprises Pty Ltd [1975] Qd R 266 cited Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) (2004) 185 FLR 130 cited
Ford's Principles of Corporations Law IN THE MATTER OF DROMANA ESTATE LIMITED (ACN 090 000 276) WILLIAM FAIRLEIGH GRYST v DROMANA ESTATE LIMITED (ACN 090 000 276)
No SAD 78 of 2008
FINN J
6 AUGUST 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 78 of 2008
IN THE MATTER OF DROMANA ESTATE LIMITED (ACN 090 000 276) BETWEEN: WILLIAM FAIRLEIGH GRYST
Plaintiff
AND: DROMANA ESTATE LIMITED (ACN 090 000 276)
Defendant
JUDGE: FINN J
DATE OF ORDER: 6 AUGUST 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The originating process be dismissed. 2. The defendant file and serve submissions on costs and any affidavit on which it intends to rely on or before Monday, 11 August 2008. 3. The plaintiff file and serve submissions on costs and any affidavit on which he intends to rely on or before Monday, 25 August 2008. 4. The defendant file and serve any reply on or before Monday, 1 September 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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