Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Soundwave Festival Pty Limited v Altered State (W.A.) Pty Limited (No 2) [2014] FCA 562 Citation: Soundwave Festival Pty Limited v Altered State (W.A.) Pty Limited (No 2) [2014] FCA 562
Parties: SOUNDWAVE FESTIVAL PTY LIMITED v ALTERED STATE (W.A.) PTY LIMITED
File number: NSD 1932 of 2013
Judge: WIGNEY J
Date of judgment: 30 May 2014
Catchwords: CORPORATIONS LAW – application for winding up – relevant principles of presumption of insolvency – whether defendant has rebutted presumption of insolvency – no evidence capable of verifying the defendant's financial position
Legislation: Corporations Act 2011 (Cth)
Cases cited: Ace Contractors and Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Australian Securities and Investment Commission v Edwards (2005) 54 ACSR 583; [2005] NSWSC 831 Coats Hire Operations Pty Limited v D-Link Homes Pty Limited [2011] NSWSC 1279 Expile Pty Ltd v Jabb's Excavations Pty Limited (2003) 45 ACSR 711; [2003] NSWCA 163 International Cat Manufacturing (in liq) v Rodrick (2013) 97 ACSR 200; [2013] QCA 372 Lewis v Doran (2004) 208 ALR 385; [2004] NSWSC 608 Mulherin v Bank of Western Australia Ltd; McCann v Bank of Western Australia Ltd [2006] QCA 175 Soundwave Festival Pty Limited v Altered State (W.A.) Pty Limited (No 1) [2014] FCA 466 Williams (as liquidator of Scholz Motor Group P/L (in liq)) v Scholz [2008] QCA 94
Date of hearing: 12 May 2014
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