Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Benson Communications Pty Limited v Carroll [2009] FCA 632
CORPORATIONS – application to set aside statutory demand – offsetting claim – company's claim was not against the individual who served the statutory demand as trustee of a particular trust, but against a company that had been the trustee of that trust prior to a change of trustee. Held: application to set aside dismissed. Corporations Act 2001 (Cth) ss 459G, 459H, 459J
Tatlers.com.au Pty Ltd vDavis (2007) 213 FLR 109; [2007] NSWSC 835 distinguished BENSON COMMUNICATIONS PTY LIMITED (ACN 003 926 190) AS TRUSTEE FOR THE GRANTHAM PROJECT (TRUST) v ANDREW CARROLL AS TRUSTEE FOR THE HOBBS & CARROLL PROPERTY TRUST
NSD 1674 of 2008
LINDGREN J
1 JUNE 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1674 of 2008
IN THE MATTER OF BENSON COMMUNICATIONS PTY LIMITED (ACN 003 926 190) BETWEEN: BENSON COMMUNICATIONS PTY LIMITED (ACN 003 926 190) AS TRUSTEE FOR THE GRANTHAM PROJECT (TRUST)
Plaintiff
AND: ANDREW CARROLL AS TRUSTEE FOR THE HOBBS & CARROLL PROPERTY TRUST
Defendant
JUDGE: LINDGREN J
DATE OF ORDER: 1 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceedings be dismissed. 2. The plaintiff pay the defendant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1674 of 2008
IN THE MATTER OF BENSON COMMUNICATIONS PTY LIMITED (ACN 003 926 190) BETWEEN: BENSON COMMUNICATIONS PTY LIMITED (ACN 003 926 190) AS TRUSTEE FOR THE GRANTHAM PROJECT (TRUST)
Plaintiff
AND: ANDREW CARROLL AS TRUSTEE FOR THE HOBBS & CARROLL PROPERTY TRUST
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