Australian Corporate Supplies Pty Limited v Arakella Pty Limited ATF GNS Trading Trust [2020] FCA 740

FEDERAL COURT OF AUSTRALIA

Australian Corporate Supplies Pty Limited v Arakella Pty Limited ATF GNS Trading Trust [2020] FCA 740 File number: NSD 156 of 2020

Judge: FARRELL J

Date of judgment: 14 May 2020

Date of publication of reasons: 29 May 2020

Catchwords: CORPORATIONS – application to set aside a statutory demand under ss 459G and 459H of the Corporations Act 2001 (Cth) – where originating process properly understood as an application to set aside statutory demand despite omission of words "be set aside" – where supporting affidavit did not set out sufficient material facts upon which the application was based in accordance with the Graywinter principle – application dismissed. CORPORATIONS – application to set aside a statutory demand under ss 459G and 459H of the Corporations Act 2001 (Cth) – where leave sought to amend originating process to include a claim under s 459J – leave refused.

Legislation: Corporations Act 2001 (Cth) ss 459C, 459F, 459G, 459H, 459, 1669 Corporations Regulations 2001 (Cth) reg 5.4.01AA Coronavirus Economic Response Package Omnibus Act 2020 (Cth) Sch 12, Pt 2 items 21-26

Cases cited: Aussie Hoist Property Pty Ltd v Mulqueen [2018] FCA 1493 Crystal Point Pty Ltd v Deputy Commissioner of Taxation [2010] QSC 154 Elevate NSW Pty Ltd v Canada Bay Private Hospital Pty Ltd [2019] FCA 1248; (2019) 138 ACSR 186 Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund (1996) 70 FCR 452 Hansmar Investments Pty Ltd v Perpetual Trustee Co Ltd [2007] NSWSC 103; (2007) 61 ACSR 321 Infact Consulting Pty Ltd v Kyle House Pty Ltd [2007] NSWSC 56 Re Hopetoun Kambala Investments Pty Ltd [2011] NSWSC 1343