Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Capital Properties Pty Ltd v Handbury Asset Management Pty Ltd [2011] FCA 1075 Citation: United Capital Properties Pty Ltd v Handbury Asset Management Pty Ltd [2011] FCA 1075
Parties: UNITED CAPITAL PROPERTIES PTY LTD (ACN 103 938 361 v HANDBURY ASSET MANAGEMENT PTY LTD (ACN 050 670 945); UNITED CAPITAL AGRICULTURAL HOLDINGS PTY LTD (ACN 102 272 864) ) v HANDBURY ASSET MANAGEMENT PTY LTD (ACN 050 670 945); and UNITED CAPITAL FINANCE PTY LTD (ACN 073 540 744) v HANDBURY ASSET MANAGEMENT PTY LTD (ACN 050 670 945) File numbers: NSD 1075 of 2010 NSD 1076 of 2010 NSD 1083 of 2010
Judge: STONE J
Date of judgment: 20 September 2011
Catchwords: CORPORATIONS – application to set aside statutory demands pursuant to s 459G(1) Corporations Act 2001 (Cth) – whether there is a "genuine dispute" – issue of whether debts due and payable – consideration of relevant authorities CONTRACT – interpretation and construction of contracts – extent to which surrounding circumstances can be taken into account – construction of debt agreements having regard to matrix of circumstances – unwritten understanding contended for by debtors inconsistent with express provisions of agreements EVIDENCE – application for leave to cross-examine deponent of affidavit filed in support of application to set aside – whether cross-examination would be relevant to "genuineness" of dispute – consideration of relevant principles – not relevant in the circumstances – leave refused
Legislation: Corporations Act 2001 (Cth) s 459E(1), G(1), H(1)
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