Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134 File number: ACD 15 of 2018
Judge: GRIFFITHS J
Date of judgment: 3 August 2018
Catchwords: CORPORATIONS – application by plaintiff to wind up the defendant under ss 459A and 459P of the Corporations Act 2001 (Cth) (the Act) in circumstances where the plaintiff served a statutory demand and the defendant did not seek to set it aside within the specified time – where defendant seeks leave under s 459S of the Act to oppose the plaintiff's winding-up application on the ground that it is solvent and disputes the debt in the statutory demand – whether sufficient evidence for Court to be satisfied of materiality requirement – whether discretionary factors weigh against grant of leave – Held: leave granted
Legislation: Corporations Act 2001 (Cth), ss 459A, 459C, 459G, 459P, 459S Federal Court Rules 2011 (Cth), r 2.25(3)
Cases cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Australian Securities and Investments Commission v Hellicar [2012] HCA 17; 247 CLR 345 Chief Commissioner of Stamp Duties v Paliflex Pty Ltd [1999] NSWSC 15; 149 FLR 179 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Commonwealth Bank of Australia v Begonia (1993) 11 ACSR 609 Gillion Pty Limited (Trustee) v Wet Fix Holdings Pty Ltd [2016] FCA 1424 Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd [2008] FCA 1777 In the matter of Vangory Holdings Pty Ltd [2015] NSWSC 546 Jones v Dunkel (1959) 101 CLR 298 Soundwave Festival Pty Ltd v Altered State (W.A.) Pty Ltd [2014] FCA 466 Spencer v Neo Rock Pty Ltd ACN 110 874 283 (In Liquidation) [2009] FCA 845 Switz Pty Ltd v Glowbind Pty Ltd (2000) 155 FLR 282
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