Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ballast Holdings Pty Ltd v Leonite Capital [2023] FCA 1245 File number: NSD 1107 of 2022 NSD 1108 of 2022
Judgment of: MARKOVIC J
Date of judgment: 20 October 2023
Catchwords: CORPORATIONS – applications to set aside creditor's statutory demands pursuant to ss 459G, 459H and/or 459J of the Corporations Act 2001 (Cth) – whether there is a genuine dispute about the existence of the debt the subject of the demands – where the corporate authority of the signatory to the loan transaction documents the subject of the demands is in issue – applications granted
Legislation: Corporations Act 2001 (Cth) ss 127, 459G, 459H and 459J
Cases cited: First Equilibrium Pty Ltd v Bluestone Property Services Pty Ltd (in liq) (2013) 95 ACSR 654; [2013] FCAFC 108
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 71
Date of hearing: 13 September 2023
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate