Federal Court of Australia
Federal Court of Australia
Option Funds Management Pty Ltd as trustee for the Option Greenacre Property Fund v Li [2024] FCA 1010 File number(s): NSD 742 of 2024
Judgment of: THAWLEY J
Date of judgment: 28 August 2024
Catchwords: CORPORATIONS – review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) – Registrar dismissed application to set aside statutory demand – hearing de novo – where application and supporting affidavit served outside the statutory period – meaning of service – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 28A, 29 Corporations Act 2001 (Cth) ss 459E, 459G, 109X Federal Court of Australia Act 1976 (Cth) s 35A
Cases cited: Australian Solar Electrics Pty Ltd v IPD Group Ltd [2012] FCA 786 Career Training on Line Pty Ltd v BES Training Solutions Pty Ltd [2010] NSWSC 460 Dyirranga Ltd v Deputy Commissioner of Taxation [2024] FCA 411 Intelogent Pty Ltd v Onthego Group Pty Ltd [2021] FCA 257 Lane Cove v Geebung Polo Club (No. 2) [2002] NSWSC 118; 167 FLR 175 Woodgate v Garard Pty Ltd [2010] NSWSC 508; 239 FLR 339
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 26
Date of hearing: 28 August 2024
Solicitor for the Plaintiff: Mr Tzovaras of Tzovaras Legal
Counsel for the Defendant: Mr J Foley
Solicitor for the Defendant: HWL Ebsworth
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