Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Product People (International) Pty Ltd v Box Seat Company Pty Ltd (in liquidation) [2013] FCA 277 Citation: Product People (International) Pty Ltd v Box Seat Company Pty Ltd (in liquidation) [2013] FCA 277
Parties: THE PRODUCT PEOPLE (INTERNATIONAL) PTY LIMITED v THE BOX SEAT COMPANY PTY LTD (ABN 90 128 463 356) (IN LIQUIDATION)
File number: NSD 1468 of 2012
Judge: FARRELL J
Date of judgment: 28 March 2013
Catchwords: CORPORATIONS LAW – winding up – statutory demands – application to set aside – whether genuine dispute about existence or amount of debt CORPORATIONS LAW – winding up – statutory demands – application to set aside – affidavit in support – need for affidavit in support to be filed within 21 days of statutory demand – admissibility of affidavits filed outside that time – proper characterisation of affidavits filed late – Corporations Act 2001 (Cth) s 459G EVIDENCE – types of evidence – company books and accounts – admissible without proof – meaning of "prima facie" – rebuttability of presumption – Corporations Act 2001 (Cth) s 1305 EVIDENCE – statutory presumptions – time for receiving prepaid post – absence of evidence to contrary – Evidence Act 1995 (Cth) s 160
Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 500, 1305 Evidence Act 1995 (Cth) s 160
Cases cited: In the matter of Australia Zhongfu Oil Gas Resources Pty Ltd [2012] NSWSC 1208 Australian Securities and Investments Commission v Rich (2009) 75 ACSR 1 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 David Grant & Co Pty Limited (Receiver Appointed) v Westpac Banking Corporation (1994) 184 CLR 265 Energy Equity Corporation Ltd v Sinedie Pty Ltd (2001) 166 FLR 179 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 Infratel Networks Pty Ltd v Gundry's Telco & Rigging Pty Ltd (2012) 92 ACSR 27 Jian Xing Knitting Factory v SCASA Pty Ltd [2004] SASC 152 In the matter of King Furniture Australia Pty Limited; King Furniture Australia Pty Ltd v Higgs [2011] NSWSC 375 Kirrak Pty Ltd v Compass Scaffolding and Plant Hire Pty Ltd [2007] NSWSC 1002 In the matter of Ox Operations Pty Ltd [2008] FCA 61 Panel Tech Industries v Australian Skyreach (No 2) [2003] NSWSC 896 In the matter of Redepay Ltd; Redepay Ltd v Net4u.com.au Pty Ltd [2009] VSC 316 Roadships Logistics Ltd v Tree as trustee for the Tree Superannuation Fund (2007) 64 ACSR 671 Rohalo Pharmaceutical Pty Ltd v R P Scherer SpA (1994) 15 ACSR 347 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452
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