Federal Court of Australia
Federal Court of Australia
QBE Insurance (Australia) Limited v Good Life One World Pty Limited, in the matter of Good Life One World Pty Limited (Controller Appointed) [2021] FCA 1249 File number: SAD 4 of 2021
Judgment of: WHITE J
Date of judgment: 12 October 2021
Date of publication of reasons: 14 October 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – application to wind up company in insolvency – presumption of insolvency pursuant to s 459C(2) of the Corporations Act 2001 (Cth) – failure to comply with statutory demand – application granted.
Legislation: Coronavirus Economic Response Package Omnibus Act 2020 (Cth) Corporations Act 2001 (Cth) ss 95A, 421A, 440A, 459A, 459C, 459E, 459G, 459J, 459P, 459R, 459S Corporations Regulations 2001 (Cth) reg 5.4.01AA
Cases cited: Ace Contractors & Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd [2011] HCA 18; (2011) 244 CLR 1 David Grant & Co Pty Ltd (Receiver Appointed) v Westpac Banking Corporation [1995] HCA 43; (1995) 184 CLR 265 First Equilibrium Pty Ltd v Bluestone Property Services Pty Ltd (in liq) [2013] FCAFC 108; (2013) 95 ACSR 654 Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd [2008] FCA 1777; (2008) 26 ACLC 1462 Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation [2001] NSWSC 621; (2001) 53 NSWLR 213
Division: General Division
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