Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gusdote Pty Limited v Ashley; In the Matter of Gusdote Pty Limited [2011] FCA 250 Citation: Gusdote Pty Limited v Ashley; In the Matter of Gusdote Pty Limited [2011] FCA 250
Parties: GUSDOTE PTY LIMITED (ACN 089 937 253) v JANETTE LINDA ASHLEY; IN THE MATTER OF GUSDOTE PTY LIMITED (ACN 089 937 253) MADEAS PTY LTD (ACN 108 819 316) v JANETTE LINDA ASHLEY; IN THE MATTER OF MADEAS PTY LTD (ACN 108 819 316) GUSDOTE PTY LIMITED (ACN 089 937 253) v EMILIOS DEMETRIOU; IN THE MATTER OF GUSDOTE PTY LIMITED (ACN 089 937 253) MADEAS PTY LTD (ACN 108 819 316) v GEORGINA DEMETRIOU; IN THE MATTER OF MADEAS PTY LTD (ACN 108 819 316)
File numbers: NSD 36 of 2010 NSD 37 of 2010 NSD 47 of 2010 NSD 49 of 2010
Judge: FOSTER J
Date of judgment: 21 March 2011
Catchwords: CORPORATIONS – whether applications made pursuant to s 459G of the Corporations Act 2001 (Cth) (the Act) to set aside two Creditor's Statutory Demands were made within the time limited by s 459G(2) of the Act – discussion of the effect of s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 of the Evidence Act 1955 (Cth) on the Court's determination of the date of service of several Creditor's Statutory Demands – whether there is a genuine dispute about the existence or amount of the debts claimed in several Creditor's Statutory Demands – whether the lawyers for the plaintiff in two sets of proceedings were validly retained – whether lawyers whose retainer is successfully challenged should pay the costs of the proceedings
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