Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Offstage Support Association Inc v Time of My Life Pty Ltd [2011] FCA 378 Citation: Offstage Support Association Inc v Time of My Life Pty Ltd [2011] FCA 378
Parties: OFFSTAGE SUPPORT ASSOCIATION INC INC 9894945 v TIME OF MY LIFE PTY LTD ACN 107 898 966
File number: NSD 325 of 2011
Judge: EDMONDS J
Date of judgment: 15 April 2011
Catchwords: CORPORATIONS – application for winding up under s 462 of the Corporations Act 2001 (Cth) – no evidence of any s 461 ground relied on – Court not satisfied as to plaintiff's standing as a creditor – no other s 462 standing relied on – Court not satisfied that the defendant was insolvent so as to enliven discretion under s 459B – whether application for winding up an abuse of process even though application not brought under s 459P. Held: Application dismissed as an abuse of process.
Legislation: Corporations Act 2001 (Cth) ss 461, 462, 459B
Cases cited: Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2007) 69 NSWLR 374 applied Fortuna Holdings Pty Ltd v Deputy Commissioner of Taxation (Cth) [1978] VR 83 applied Fryer v Powell (2001) 159 FLR 433 cited L & D Audio Acoustics Pty Ltd v Pioneer Electronic Australia Pty Ltd (1982) 7 ACLR 180 cited Lanepoint Enterprises Pty Ltd v Australian Securities & Investments Commission (2010) 78 ACSR 487 cited Williams v Spautz (1992) 174 CLR 509 cited Austin RP, Ramsay IM and Ford HAJ, Ford's Principles of Corporations Law (14th Edition, Butterworths, 2010)
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