Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roam Tolling Pty Ltd, in the matter of Lions Transport Pty Ltd v Lions Transport Pty Ltd [2016] FCA 1501 File number: NSD 1722 of 2016
Judge: FARRELL J
Date of judgment: 8 December 2016
Catchwords: CORPORATIONS – application under s 459P of the Corporations Act 2001 (Cth) for the defendant to be wound up in insolvency based on failure to comply with a statutory demand – where affidavit verifying the statutory demand was affirmed three days prior to the date of the demand – whether plaintiff was prevented from relying on the presumption of insolvency – whether premature affidavit fatal to winding up application
Legislation: Corporations Act 2001 (Cth) ss 459C(2)(a), 459E(3), 459P, 459Q, 459S, 467A
Cases cited: CCH Workflow Solutions Pty Ltd v E.Discovery Australia Pty Ltd [2011] FCA 994 Dolvelle Pty Ltd v Australian Macfarms Pty Ltd (1998) 43 NSWLR 717; (1998) 28 ACSR 175 In the matter of Unity Resources Group Australia Pty Limited [2015] NSWSC 1174 Radiancy (Sales) Pty Ltd v Bimat Pty Ltd (2007) 25 ACLC 1216; [2007] NSWSC 962 Wildtown Holdings Pty Ltd v Rural Traders Company Ltd (2002) 172 FLR 35; [2002] WASCA 196 Wollongong Coal Limited v Gujarat NRE India Pty Ltd (2015) 104 ACSR 425; [2015] FCA 221
Date of hearing: 8 December 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords Number of paragraphs: 15
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