Lion Advantage Ltd v Haynes [2010] FCA 28

FEDERAL COURT OF AUSTRALIA

Lion Advantage Ltd v Haynes [2010] FCA 28 Citation: Lion Advantage Ltd v Haynes [2010] FCA 28

Parties: LION ADVANTAGE LTD (ACN 088 638 911) v BARRY HAYNES

File number(s): VID 376 of 2009

Judges: GOLDBERG J

Date of judgment: 2 February 2010

Catchwords: CORPORATIONS – setting aside statutory demand PRACTICE AND PROCEDURE – Review of Registrar's decision – Notice of Discontinuance - costs

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976, ss 35A(5), 43 Federal Court Rules, O 22 r 2, O 46 r 7B

Date of last submissions: 22 January 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: CATCHWORDS

Number of paragraphs: 15

Counsel for the Applicant: W Coady

Solicitor for the Applicant: Wantrup & Associates

Counsel for the Respondent: The respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 376 of 2009

BETWEEN: LION ADVANTAGE LTD (ACN 088 638 911)

Applicant

AND: BARRY HAYNES

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 2 FEBRUARY 2010

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent is given leave, nunc pro tunc, to file the Notice of Discontinuance filed on 14 December 2009. 2. The respondent pay the applicant's costs of and incidental to the application by the respondent filed on 14 August 2009 to review the decision of the Registrar, that the statutory demand served on the applicant on 27 April 2009 be set aside and that the respondent pay the applicant's costs of the proceeding. 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 Federal Law Search on the Court's website.