Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lifese Pty Limited v Lee Crane Hire Pty Limited [2012] FCA 302 Citation: Lifese Pty Limited v Lee Crane Hire Pty Limited [2012] FCA 302
Parties: LIFESE PTY LIMITED (ACN 003 075 410) v LEE CRANE HIRE PTY LIMITED (ACN 064 917 817)
File number: NSD 2355 of 2011
Judge: EDMONDS J
Date of judgment: 28 March 2012
Catchwords: CORPORATIONS – statutory demand for payment of debt – application to set aside – whether "genuine dispute" – whether abuse of process Held: statutory demand be set aside.
Legislation: Corporations Act 2001 (Cth) – ss 459G, 459H and 459J
Cases cited: Createc Pty Ltd v Design Signs Pty Ltd (2009) 71 ACSR 602 applied Natcraft Pty Ltd v Win Television Pty Ltd [2001] 1 Qd R 196 referred to Spencer Constructions Pty Ltd v G & M Auldridge Pty Ltd (1997) 76 FCR 452 referred to
Date of hearing: 8 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr F Assaf
Solicitor for the Applicant: Surry Partners Lawyers
Counsel for the Respondent: Mr R Schulte
Solicitor for the Respondent: Macrossan & Amiet
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2355 of 2011
BETWEEN: LIFESE PTY LIMITED (ACN 003 075 410)
Applicant
AND: LEE CRANE HIRE PTY LIMITED (ACN 064 917 817)
Respondent
JUDGE: EDMONDS J DATE OF ORDER: 28 MARCH 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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