Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v ASD Laguna Investments Pty Ltd, in the matter of ASD Laguna Investments Pty Ltd [2016] FCA 1481 File numbers: VID 221 of 2016 VID 799 of 2016 VID 800 of 2016 VID 801 of 2016
Judge: MOSHINSKY J
Date of judgment: 6 December 2016
Catchwords: CORPORATIONS – application to set aside statutory demand – whether genuine dispute as to the amount of the debt – whether genuine dispute as to whether debt due and payable – whether written demand required before debt due and payable
Legislation: Corporations Act 2001 (Cth), ss 459H, 459J, 459R
Cases cited: AR Pilot Pty Ltd v Gouriotis [2007] NSWSC 396 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1993] 2 VR 290 NT Resorts Pty Ltd v Deputy Commissioner of Taxation (1998) 153 ALR 359 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 TR Administration Pty Ltd v Frank Marchetti & Sons Pty Ltd (2008) 66 ACSR 67
Date of hearing: 5 December 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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