Simatis v Walgenup Aboriginal Corporation [2023] FCA 357

Federal Court of Australia

Simatis v Walgenup Aboriginal Corporation [2023] FCA 357 File number: WAD 271 of 2022

Judgment of: COLVIN J

Date of judgment: 13 April 2023

Date of publication of reasons: 19 April 2023

Catchwords: CORPORATIONS - interlocutory application for leave to oppose the defendant's winding up on the ground that the subject of the statutory demand is disputed - where application to wind up based upon failure to comply with statutory demand - where defendant otherwise out of time to apply to set aside statutory demand - where defendant is an Aboriginal Corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) - where directors of the defendant are volunteers of a charitable organisation with no employees - where plaintiff only raised alleged debts from a period of many years once the lease was not renewed - where directors of the defendant felt threated by the circumstances of the demand for debt and some suffered health problems relating to stress cause by the demand - where the defendant did not obtain legal advice until after the time to apply to set aside the demand had expired - consideration of circumstances in which leave can be granted under s 495S of the Corporations Act 2001 (Cth) - leave to oppose winding up application granted on the ground that the alleged debt the subject of the statutory demand is disputed

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 526.35, Division 526 Corporations Act 2001 (Cth) s 459S

Cases cited: Owen-Pearse v Lander Land Company Pty Ltd [2018] FCA 2077 Soundwave Festival Pty Limited v Altered State (WA) Pty Limited (No 1) [2018] FCA 466 Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134