Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Poolrite Australia Pty Ltd (in liq) v Structural Pools Aust Pty Ltd [2013] FCA 1100 Citation: Poolrite Australia Pty Ltd (in liq) v Structural Pools Aust Pty Ltd [2013] FCA 1100
Parties: POOLRITE AUSTRALIA PTY LTD ACN 001 674 004 (IN LIQUIDATION) v STRUCTURAL POOLS AUST PTY LTD ACN 124 914 138
File number: QUD 558 of 2013
Judge: RANGIAH J
Date of judgment: 28 October 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – whether omission of warning required by prescribed form for statutory demand was a mere defect – whether statutory demand invalid
Legislation: Corporations Act 2001 (Cth) ss 9, 459A, 459C(2)(a), 459E(1), 459G(1) and (2), s 459J, s 459S and 467A Corporate Law Reform Act 1992 (Cth) Pt 5.4 Corporations Regulations 2001 (Cth) Form 509H Federal Court (Corporations) Rules 2000 (Cth) r 5.6
Cases cited: Dikwa Holdings Pty Ltd v Oakbury Pty Ltd (1992) 8 ACSR 53 cited Inter Mining Pty Ltd v Lake Johnson Pty Ltd [2013] FCA 915 followed McElligott v Boyce [2011] QCA 117 followed Randall Pty Ltd v Chepan Pty Ltd (2009) 73 ACSR 267 cited Townview Holdings Pty Ltd v Sunstate Design & Construct Pty Ltd [2012] FCA 1296 not followed
Date of hearing: 16 October 2013
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Solicitor for the Applicant: Mr C Toogood of T Lawyers Pty Ltd
Counsel for the Respondent: The Respondent did not appear
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