Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Cinemas Pty Limited v Australian Executor Trustees Limited [2011] FCA 927 Citation: Australian Cinemas Pty Limited v Australian Executor Trustees Limited [2011] FCA 927
Parties: AUSTRALIAN CINEMAS PTY LIMITED ACN 096 376 920 v AUSTRALIAN EXECUTOR TRUSTEES LIMITED ACN 007 869 794
File number: NSD 935 of 2011
Judge: ROBERTSON J
Date of judgment: 17 August 2011
Catchwords: CORPORATIONS – Statutory demand – application to set aside – whether formal defect in supporting affidavit– claim that deponent not a person with authority of the creditor – claim not supported by the evidence CORPORATIONS – Statutory demand – application to vary amount of demand – offsetting claim – substantiated amount – whether corporation prevented by contract from relying on claim it has against creditor as an offsetting claim for purposes of s 459H CORPORATIONS – Statutory demand – whether interest accruing after date of demand may form part of substantiated amount
Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 459J Federal Court (Corporations) Rules 2000 (Cth) Retail Shop Leases Act 1994 (Qld) ss 18, 19, 20, 43
Cases cited: ANZ Banking Group Ltd v Kamlock Pty Ltd (1993) 42 FCR 125 applied Blue Hills Village Management (Liverpool) Pty Limited v Babcock and Brown International Pty Limited [2009] NSWSC 87 discussed Deputy Commissioner of Taxation v Cye International Pty Ltd (No 2) (1985) 10 ACLR 305 applied Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 applied Gilbert-Ash (Northern) Limited v Modern Engineering (Bristol) Limited [1974] AC 689 distinguished Jem Developments Pty Limited v Hansen Yuncken Pty Ltd (2006) 205 FLR 432 discussed Jem Developments Pty Limited v Hansen Yuncken Pty Ltd (2006) 60 ACSR 393 referred to John Shearer Limited v Gehl Company (1995) 60 FCR 136 cited Norman; in the matter of Forest Enterprises Limited v FEA Plantation Limited [2011] FCAFC 99 cited Ozone Manufacturing Pty Limited v Deputy Commissioner of Taxation (2006) 94 SASR 269 cited Pearson's Products Pty Limited v C P Technologies Pty Limited [1999] NSWSC 575 cited Rawson v Samuel (1841) Cr & Ph 161, (1841) 41 ER 451 cited Re Morris Catering (Australia) Pty Limited (1993) 11 ACSR 601 applied Renaissance Holdings Pty Ltd v Kennedy (1998) 16 ACLC 1,108 applied Topfelt Pty Ltd v State Bank of New South Wales Ltd (1993) 47 FCR 226 applied
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