GSK Facility Maintenance Group Pty Ltd v Conair Installations Pty Ltd, in the matter of GSK Facility Maintenance Group Pty Ltd [2017] FCA 1242

FEDERAL COURT OF AUSTRALIA

GSK Facility Maintenance Group Pty Ltd v Conair Installations Pty Ltd, in the matter of GSK Facility Maintenance Group Pty Ltd [2017] FCA 1242 File number(s): QUD 367 of 2017

Judge(s): GREENWOOD J

Date of judgment: 19 October 2017

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an application under the provisions of the Corporations Act 2001 (Cth) to set aside a statutory demand under that Act

Date of hearing: 22 September 2017

Date of last submissions: 22 September 2017

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 45

Counsel for the Applicant: Mr C D Coulsen

Solicitor for the Applicant: Sajen Legal

Solicitor for the Respondent: Mr B Long, Celtic Legal

ORDERS QUD 367 of 2017 IN THE MATTER OF GSK FACILITY MAINTENANCE GROUP PTY LTD ACN 600 841 790 BETWEEN: GSK FACILITY MAINTENANCE GROUP PTY LTD ACN 600 841 790 Applicant

AND: CONAIR INSTALLATIONS PTY LTD ACN 600 696 526 Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 19 OCTOBER 2017

THE COURT ORDERS THAT:

1. The respondent's "Creditor's Statutory Demand for Payment of Debt" dated 28 June 2017 served upon the applicant on 6 July 2017 is set aside. 2. The respondent pay the applicant's costs of and incidental to the application. 3. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.