Federal Court of Australia
Federal Court of Australia
Intelogent Pty Ltd v Onthego Group Pty Ltd [2021] FCA 257 File number(s): ACD 10 of 2021
Judgment of: FARRELL J
Date of judgment: 16 March 2021
Date of publication of reasons: 26 March 2021
Catchwords: CORPORATIONS – Application for winding up on ground of insolvency – hearing of separate question of whether there was failure to comply with statutory demand within timeframe under s 459F of the Corporations Act 2001 (Cth) –– whether statutory demand was served pursuant to s 109X of the Corporations Act and/or s 28A of the Acts Interpretation Act 1901 (Cth) – where statutory demand was complied with within the timeframe under s 459F – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 28A, 29 Corporations Act 2001 (Cth) ss 5C, 109X, 146, 459C, 459F, 459G, 467 Corporations Law (Cth) (repealed) ss 109X, 109Y, 220 Evidence Act 1995 (Cth) s 160
Cases cited: Australian Solar Electrics Pty Ltd v IPD Group Ltd [2012] FCA 786 Deputy Commissioner of Taxation v Starpicket Pty Ltd [2012] FCA 1196; (2012) 212 FCR 578 Derma Pharmaceuticals Pty Ltd v HSBC Bank Australia Ltd [2005] SASC 48; (2005) 188 FLR 373 Howship Holdings Pty Ltd v Leslie (1996) 41 NSWLR 542 Players Pty Ltd v Interior Projects Pty Ltd (1996) 133 FLR 265; (1996) 20 ACSR 189 Polstar Pty Ltd v Agnew [2007] NSWSC 114; (2007) 208 FLR 226 Rochester Communications Group Pty Ltd v Lader Pty Ltd [1997] FCA 189; (1997) 143 ALR 648 Woodgate v Garard Pty Ltd [2010] NSWSC 508; (2010) 239 FLR 339
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