Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALF Property 2 Pty Ltd v Tucker [2011] FCA 380 Citation: ALF Property 2 Pty Ltd v Tucker [2011] FCA 380
Parties: ALF PROPERTY 2 PTY LTD (ACN 141 873 976) v DAVID ROBERT WALTER TUCKER AND RICHARD TERRICK COWEN TRADING AS TUCKER COWEN
File number: NSD 1843 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 459E, 459G, 459H, 459J Legal Profession Act 2007 (Qld)
Cases cited: ALF Group Pty Ltd v Tucker [2011] FCA 379 related
Date of hearing: 7 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Plaintiff: Mr S Golledge
Solicitor for the Plaintiff: Beazley Singleton Lawyers
Solicitor for the Defendants: Mr D Tucker of Tucker & Cowen Solicitors
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1843 of 2010
IN THE MATTER OF ALF PROPERTY 2 PTY LTD (ACN 141 873 976) BETWEEN: ALF PROPERTY 2 PTY LTD (ACN 141 873 976)
Plaintiff
AND: DAVID ROBERT WALTER TUCKER AND RICHARD TERRICK COWEN TRADING AS TUCKER COWEN
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