Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Computronics Holdings Ltd v Kiandra IT Pty Ltd [2013] FCA 1130 Citation: Computronics Holdings Ltd v Kiandra IT Pty Ltd [2013] FCA 1130
Parties: COMPUTRONICS HOLDINGS LTD v KIANDRA IT PTY LTD
File number(s): VID 642 of 2013
Judge(s): DAVIES J
Date of judgment: 31 October 2013
Catchwords: CORPORATIONS – Application for review of Registrar's decision to dismiss application to set aside statutory demand – Hearing de novo on the merits – Whether there is a genuine dispute – Whether the applicant has an offsetting claim – Application dismissed with costs.
Legislation: Corporations Act 2001 (Cth), ss 459G, 459H
Cases cited: Britten–Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344
Date of hearing: 31 October 2013
Date of last submissions: 31 October 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: R Lancy
Solicitor for the Applicant: Ellinghaus & Lindner
Counsel for the Respondent: A Schlicht
Solicitor for the Respondent: Cooper Mills
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 642 of 2013
BETWEEN: COMPUTRONICS HOLDINGS LTD
Applicant
AND: KIANDRA IT PTY LTD
Respondent
JUDGE: DAVIES J DATE OF ORDER: 31 october 2013 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant pay the respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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