Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Simpson v CT Partners Australia Pty Ltd [2015] FCA 1191 Citation: Simpson v CT Partners Australia Pty Ltd [2015] FCA 1191
Parties: COLIN JOHN BOYD SIMPSON and TOPSIM PTY LTD (ACN 075 083 886) v CT PARTNERS AUSTRALIA PTY LTD (ACN 167 523 837)
File number: WAD 324 of 2015
Judge: GILMOUR J
Date of judgment: 6 November 2015
Catchwords: CORPORATIONS LAW – application for winding up - relevant principles of presumption of insolvency under the Corporations Act 2001 (Cth) s 459C - where the application relies upon two events under s 459C(2) - where the failure to comply with a statutory demand under s 459C(2)(a) occurs after the application is made - application allowed.
Legislation: Corporations Act 2001 (Cth) ss 459C(2), (3), 459P(1)(b), 461(k), 462(2)(b), 466(2)
Cases cited: Elite Motor Campers Australia v Leisureport Pty Ltd (1996) 22 ACSR 235 Equititrust Ltd v Willarire Pty Ltd [2012] QSC 206
Date of hearing: 30 July 2015
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 41
Counsel for the Plaintiffs: Mr H West
Solicitor for the Plaintiffs: Gadens Lawyers
Counsel for the Defendant: The defendant did not appear
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 324 of 2015
BETWEEN: COLIN JOHN BOYD SIMPSON
First Plaintiff
TOPSIM PTY LTD (ACN 075 083 886)
Second Plaintiff
AND: CT PARTNERS AUSTRALIA PTY LTD (ACN 167 523 837)
Defendant
JUDGE: GILMOUR J DATE OF ORDER: 30 July 2015 WHERE MADE: PERTH
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