Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zyber Holdings Limited v Bakos, in the matter of Zyber Holdings Limited [2020] FCA 387 File number: NSD 1563 of 2019
Judge: GLEESON J
Date of judgment: 23 March 2020
Catchwords: CORPORATIONS – statutory demands – application to set-aside statutory demand – whether a genuine dispute between the plaintiff and the defendant about the existence or amount of a debt to which the demand relates under Corporations Act 2001 (Cth) s 459H – where alleged debt flows from unpaid invoices for services rendered as company secretary – whether genuine dispute about performance of duties as company secretary
Legislation: Corporations Act 2001 (Cth) ss 459G, 459H, 459J
Cases cited: CGI Information Systems v APRA Consulting Pty Ltd [2003] NSWSC 728 Graywinter Properties Pty Ltd v Gas and Fuel Corporation Superannuation Fund (1996) 70 FCR 452 In the matter of UGL Process Solutions Pty Ltd [2012] NSWSC 1256 Infratel Networks Pty Ltd v Gundry's Telco & Rigging Pty Ltd [2012] NSWCA 365; (2012) 297 ALR 372 Re Country Spring Water Co Pty Ltd [2013] NSWSC 1660 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] VSCA 70
Date of hearing: 16 March 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 56
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