Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BKW Investments Pty Ltd v Training Connect Limited [2011] FCA 1314 Citation: BKW Investments Pty Ltd v Training Connect Limited [2011] FCA 1314
Parties: BKW INVESTMENTS PTY LTD v TRAINING CONNECT LIMITED
File number: NSD 1368 of 2011
Judge: COWDROY J
Date of judgment: 18 November 2011
Catchwords: CORPORATIONS LAW – whether statutory demand should be set aside under s 459G of the Corporations Act 2001 (Cth) – whether there exists a 'genuine dispute' between the parties – whether the statutory demand was defective COSTS – whether indemnity costs should be awarded
Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 459J Federal Court Rules 2011 Rule 40.02
Cases cited: Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 Equipped Constructions Pty Ltd v Form Architects Pty Ltd [2006] NSWSC 500 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd and Others (1988) 81 ALR 397 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddock v Vardarlis (No 2) (2001) 115 FCR 229 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452
Date of hearing: 26 October 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 41
Counsel for the Applicant: Mr M Hall with Ms P Blackadder
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