Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Print Mail Logistics Limited v Warratah Investments Pty Ltd [2018] FCA 1618 File number: NSD 1888 of 2017
Judge: MARKOVIC J
Date of judgment: 29 October 2018
Catchwords: CORPORATIONS – application to set aside a statutory demand or in the alternative for a permanent injunction – where creditor has refused to assign securities – whether the affidavit accompanying the statutory demand met the requirements of s 459E(3) of the Corporations Act 2001 (Cth) (Act) – whether creditor is intentionally acting to impair securities that ought to be available for a guarantor or an incoming financier upon payment of the principal debt – whether the Court should set aside the demand on the basis of s 459H(1) or s 459J(1)(b) of the Act or grant a permanent injunction – application allowed.
Legislation: Corporations Act 2001 (Cth) ss 459G, 459J, 459H, 459E(3) Federal Court (Corporations) Rules 2000 (Cth) r 5.2
Cases cited: Aged Care Services Pty Ltd v Kanning Services Pty Ltd (2013) 86 NSWLR 174; [2013] NSWCA 393 Bofinger v Kingsway Group Ltd (2009) 239 CLR 269 Childcare Providers Pty Ltd v Bright Horizons Australia Childcare Pty Ltd (2017) 327 FLR 363; [2017] QSC 307 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 Portrait Express (Sales) Pty Ltd v Kodak (Australasia) Pty Ltd (1996) 20 ACSR 746; [1996] NSWSC 199 Re Ege Foods Australia Pty Ltd (2014) 286 FLR 439; [2014] NSWSC 983
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