Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALF Group Pty Ltd v Tucker [2011] FCA 379 Citation: ALF Group Pty Ltd v Tucker [2011] FCA 379
Parties: ALF GROUP PTY LTD (ACN 140 744 225) v DAVID ROBERT WALTER TUCKER AND RICHARD TERRICK COWEN TRADING AS TUCKER COWEN
File number: NSD 1844 of 2010
Judge: FOSTER J
Date of judgment: 14 April 2011
Catchwords: CORPORATIONS – whether a Creditor's Statutory Demand for Payment of Debt made pursuant to s 459E of the Corporations Act 2001 (Cth) should be set aside – whether, in the circumstances of the case, there was any genuine dispute as to the existence or the amount of the claimed debt – whether there was any offsetting claim – whether there was any other reason to set aside the demand – no reason to set aside the demand – application dismissed with costs
Legislation: Corporations Act 2001 (Cth), ss 9, 46–51, 459E, 459G, 459H, 459J Legal Profession Act 2007 (Qld), ss 308, 311, Div 7 of Pt 3.4 of Ch 3
Cases cited: BMG Poseidon Corp Pty Ltd v Adelaide Bank Ltd (No 2) [2009] FCA 404 applied Cachia v Isaacs (1985) 3 NSWLR 366 followed King Furniture Australia Pty Ltd v Higgs [2011] NSWSC 234 cited Panel Tech Industries (Australia) Pty Ltd v Australian Skyreach (No 2) [2003] NSWSC 896 cited Ryan v Hansen (t/as Hansens Solicitors) (2000) 49 NSWLR 184 followed
Date of hearing: 7 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 53
Counsel for the Plaintiff: Mr S Golledge
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