Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CCH Workflow Solutions Pty Ltd v E.Discovery Australia Pty Ltd [2011] FCA 994 Citation: CCH Workflow Solutions Pty Ltd v E.Discovery Australia Pty Ltd [2011] FCA 994
Parties: CCH WORKFLOW SOLUTIONS PTY LTD ACN 070 975 398 v E.DISCOVERY AUSTRALIA PTY LTD ACN 101 933 304
File number(s): NSD 1155 of 2011
Judge: JAGOT J
Date of judgment: 19 August 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – presumption of insolvency due to non-compliance with statutory demand – whether presumption arose where affidavit accompanying statutory demand was witnessed by a person who was not a registered Justice of the Peace – where applicable procedures otherwise complied with
Legislation: Corporations Act 2001 (Cth) ss 459E, 459P, 459Q, 459S Federal Court (Corporations) Rules 2000 (Cth)
Cases cited: Dolvelle Pty Ltd v Australian Macfarms Pty Ltd (1998) 43 NSWLR 717 Hamilhall Pty Ltd (in liq) v AT Phillips Pty Ltd (1994) 54 FCR 173 Radiancy (Sales) Pty Ltd v Bimat Pty Ltd [2007] NSWSC 962 Victorian Workcover Authority v Kay's Pty Ltd (2001) 39 ACSR 281
Date of hearing: 19 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Solicitor for the Plaintiff: Ms A Crittenden of Clayton Utz
Counsel for the Defendant: The defendant did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1155 of 2011
BETWEEN: CCH WORKFLOW SOLUTIONS PTY LTD ACN 070 975 398
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