Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 403 Citation: Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 403
Parties: FOOD CHANNEL NETWORK PTY LTD ACN 079 015 339 v TELEVISION FOOD NETWORK, GP
File number: QUD 111 of 2010
Judge: LOGAN J
Date of judgment: 22 April 2010
Catchwords: CORPORATIONS – Bankruptcy and Insolvency – Winding Up – Application to set aside Statutory Demand for liability for costs pending appeal – Prior refusal of application for stay of order under appeal creating that liability – Whether "some other reason" required setting-aside the demand – Corporations Act 2001 (Cth), s 459J(1)(b) – Held, a pending appeal is not sufficient to set aside a Statutory Demand for "some other reason" under s 459J(1)(b) unless substantial injustice caused – Held no substantial injustice caused
Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 459J, 459M Taxation Administration Act 1953 (Cth) Federal Court Rules O 52 r 17, O 62 r 45(3)
Cases cited: Television Food Network GP v Food Channel Network Pty Ltd (No 2) [2009] FCA 221 cited Food Channel Network Pty Ltd v Television Food Network, GP [2009] FCA 1445 cited Food Channel Network Pty Ltd v Television Food Network GP [2010] FCA 204 cited Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 372 cited Neutral Bay Pty Ltd v Deputy Commissioner of Taxation (2007) 68 ATR 886 cited Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd (2008) 237 CLR 473 followed Softex Industries Pty Ltd v Federal Commissioner of Taxation (2001) 48 ATR 239 cited Willemse Family Company Pty Ltd v Deputy Commissioner of Taxation [2003] Qd R 334 cited KW & KM Quinn Investments Pty Ltd v Deputy Commissioner of Taxation [2004] QCA 91 cited Hoare Brothers Pty Ltd v Commissioner of Taxation (1996) 62 FCR 302 considered Barclays (Australia) Finance Limited v Mike Gaffikin Marine Pty Ltd (1996) 21 ACSR 235 considered Eumina Investments Pty Ltd v Westpac Banking Corporation [1998] FCA 824 not followed David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 followed Meehan v Glazier Holdings Pty Ltd (2005) 53 ACSR 229 applied
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