Federal Court of Australia
Federal Court of Australia Milo Projects Pty Ltd v JK Smales Properties Pty Ltd, in the matter of Milo Projects Pty Ltd [2022] FCA 154 File number(s): NSD 1002 of 2021
Judgment of: GOODMAN J
Date of judgment: 1 March 2022
Catchwords: CORPORATIONS LAW – winding up – application to set aside statutory demand – requirements for an affidavit in support of the application – no genuine dispute – no defect in demand PRACTICE AND PROCEDURE – application for an adjournment at the commencement of the hearing – application refused
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43; (1995) 184 CLR 265 Kennedy v Secretary, Department of Industry (No 3) [2016] FCAFC 149 Kioa v West (1985) 159 CLR 550 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 MNWA Pty Ltd v Deputy Commissioner of Taxation [2016] FCAFC 154; (2017) 250 FCR 381 Sceam Construction Pty Ltd v Clyne [2021] VSCA 270
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 75
Date of hearing: 9 February 2022
Counsel for the Plaintiff: Mr J R Young
Solicitor for the Plaintiff: G & S Law Group
Counsel for the Defendant: Mr A P Cheshire SC
Solicitor for the Defendant: Mills Oakley
ORDERS NSD 1002 of 2021 IN THE MATTER OF MILO PROJECTS PTY LTD ACN 144 882 575
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