Federal Court of Australia
Federal Court of Australia
Chapel of Angels Pty Ltd v Hennessy [2021] FCA 875 File numbers: QUD 214 of 2021 QUD 215 of 2021
Judgment of: DERRINGTON J
Date of judgment: 2 August 2021
Catchwords: CORPORATIONS LAW – winding up – applications to set aside statutory demands – whether existence of judgment debts capable of genuine dispute – genuine dispute not otherwise shown to exist – defect in demand would not cause substantial injustice – no other grounds for setting aside statutory demands – applications dismissed COSTS – indemnity costs – plaintiff continued applications after being made aware of absence of any relevantly sustainable grounds – prior history of abuse of process – application either high-handed or oppressive – order made for indemnity costs
Legislation: Constitution s 118 Corporations Act 2001 (Cth) ss 459H, 459J Judiciary Act 1901 (Cth) s 78B
Cases cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Chapel of Angels Pty Ltd v Hennessy Builder Pty Ltd & Anor [2018] QDC 218 Chapel of Angels Pty Ltd v Hennessy Builders Pty Ltd & Anor [2018] QDC 248 Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd & Anor [2019] QCA 229 Chapel of Angels Pty Ltd v Hennessy Building Pty Ltd & Anor [2020] QCA 219 Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd (2019) 99 NSWLR 397 In the matter of Fewin Pty Ltd [2016] NSWSC 1945 In the matter of World Marketing Pty Limited [2014] NSWSC 981 In the matter of Wyse Accounting Pty Ltd [2016] NSWSC 1772 Meehan v Glazier Holdings Pty Ltd [2005] NSWCA 24 Oakland Property Holdings Pty Ltd v JP Morgan Trust Australia Ltd [2008] NSWCA 360 Re Douglas Aerospace Pty Ltd [2015] NSWSC 167 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) (2010) 184 FCR 516 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507
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