Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Whitby Land Company Pty Ltd v Li, in the matter of Whitby Land Company Pty Ltd [2014] FCA 806 Citation: Whitby Land Company Pty Ltd v Li, in the matter of Whitby Land Company Pty Ltd [2014] FCA 806
Parties: WHITBY LAND COMPANY PTY LTD (ACN 115 233 193) v LIANG LI
File number(s): WAD 322 of 2013
Judge(s): SIOPIS J
Date of judgment: 28 March 2014
Catchwords: CORPORATIONS – application to set aside a statutory demand – failure by a company to redeem redeemable preference shares by the due date – whether the failure gives rise to an enforceable debt at the instance of the aggrieved shareholder.
Legislation: Corporations Act 2001 (Cth) s 254K
Cases cited: Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Re Marra Developments Ltd and the Companies Act (No 2) (1978) 3 ACLR 798 TNT Australia Pty Ltd v Normandy Resources NL (1989) 1 ACSR 1 Kandelka Management Pty Ltd v Pisces Group Ltd (2009) 76 ACSR 113
Date of hearing: 28 March 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Plaintiff: Mr PG Clifford and Mr A Rumsley
Solicitor for the Plaintiff: Mr A Rumsley
Counsel for the Defendant: Mr DK Zusman
Solicitor for the Defendant: HopgoodGanim
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 322 of 2013
IN THE MATTER OF WHITBY LAND COMPANY PTY LTD (ACN 115 233 193) WHITBY LAND COMPANY PTY LTD (ACN 115 233 193)
Plaintiff
LIANG LI
Defendant
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