NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Garawin Pty Ltd [2020] NSWSC 983 Hearing dates: 3 July 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Creditor's statutory demand set aside. Defendant to pay Plaintiff's costs as agreed or as assessed. Catchwords: CORPORATIONS – application to set aside a creditor's statutory demand – Genuine dispute as to nature of money transferred – Genuine dispute as to identity of parties involved in transfer – Creditor's statutory demand set aside. Legislation Cited: - Corporations Act 2001(Cth), s 459H Cases Cited: - Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 - Creata (Aust) Pty Ltd v Faull [2017] NSWCA 300; (2017) 125 ACSR 212 - Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd [2019] NSWCA 60; (2019) 99 NSWLR 397 - Panel Tech Industries (Australia) Pty Ltd v Australian Skyreach Equipment Pty Ltd (No 2) [2003] NSWSC 896 - Re Australian Tailings Group Pty Ltd [2019] NSWSC 1218 - Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd [1997] FCA 681; (1997) 76 FCR 452 Category: Principal judgment Parties: Garawin Pty Ltd (Plaintiff) Joseph Sleiman (Defendant) Representation: Counsel: D S Weinberger (Plaintiff) A Davis (Defendant)
Solicitors: Dentons Australia (Plaintiff) Walker Hedges & Co (Defendant) File Number(s): 2020/23540
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