Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BNY Trading Pty Ltd v Australia Abalone World Pty Ltd [2012] FCA 115 Citation: BNY Trading Pty Ltd v Australia Abalone World Pty Ltd [2012] FCA 115
Parties: BNY TRADING PTY LTD v AUSTRALIA ABALONE WORLD PTY LTD (ACN 136 651 913)
File number(s): VID 1310 of 2011
Judge: GREENWOOD J
Date of judgment: 22 February 2012
Catchwords: CORPORATIONS – consideration of an application to set aside a statutory demand under Division 3, Part 5.4 of the Corporations Act 2001 (Cth) – consideration of whether a real or genuine dispute subsists as to matters central to the foundation of the claim
Legislation: Corporations Act 2011 (Cth), s 459G
Cases cited: Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1994] 2 V.R. 290 MacLeay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 Canpoint International Pty Limited v Anar International Pvt Ltd [2008] FCA 4
Date of hearing: 10 February 2012
Date of last submissions: 10 February 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 52
Solicitor for the Defendant: Mr R T Cowen
Counsel for the Plaintiff: Mr P J Trout
Solicitor for the Plaintiff: Francis Lim Barristers & Solicitors
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1310 of 2011
BETWEEN: BNY TRADING PTY LTD
Plaintiff
AND: AUSTRALIA ABALONE WORLD PTY LTD
(ACN 136 651 913)
Defendant
JUDGE: GREENWOOD J DATE OF ORDER: 22 FEBRUARY 2012 WHERE MADE: BRISBANE
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