Parkes Terminal Land Corporation Pty Limited v Scahill & Co Pty Limited [2011] FCA 838

FEDERAL COURT OF AUSTRALIA

Parkes Terminal Land Corporation Pty Limited v Scahill & Co Pty Limited [2011] FCA 838 Citation: Parkes Terminal Land Corporation Pty Limited v Scahill & Co Pty Limited [2011] FCA 838

Parties: PARKES TERMINAL LAND CORPORATION PTY LIMITED ACN 108 384 069 v SCAHILL & CO PTY LIMITED ACN 114 890 961

File number: NSD 439 of 2011

Judge: PERRAM J

Date of judgment: 20 July 2011

Catchwords: CORPORATIONS – Statutory demand – whether statutory demand served – dispute over day of service – whether s 459G application out of time

Legislation: Corporations Act 2001 (Cth) ss 459C, 459E, 459F, 459G Federal Court (Corporations) Rules Federal Court Rules O 62 r 4

Cases cited: David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 cited

Date of hearing: 20 July 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 25

Counsel for the Plaintiff: Mr M Smith, appeared on behalf of the Plaintiff

Counsel for the Defendant: Ms A Perigo

Solicitor for the Defendant: Keith Bagley Lawyer

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 439 of 2011

BETWEEN: PARKES TERMINAL LAND CORPORATION PTY LIMITED ACN 108 384 069

Plaintiff

AND: SCAHILL & CO PTY LIMITED ACN 114 890 961

Defendant

JUDGE: PERRAM J DATE OF ORDER: 20 JULY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application under section 459G of the Corporations Act 2001 (Cth) be dismissed. 2. The plaintiff pay the defendant's costs, fixed pursuant to Order 62 rule 4(2)(c) of the Federal Court Rules, at the gross sum of $7,632.05. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.