In the matter of Integrated Green Energy Solutions Limited [2021] NSWSC 212

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Integrated Green Energy Solutions Limited [2021] NSWSC 212 Hearing dates: 9 March 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Order that the proceedings be dismissed; order that the plaintiff pay the defendant's costs of the proceedings. Catchwords: CORPORATIONS – winding up – statutory demand – application to set aside statutory demand – whether there is a genuine dispute as to the existence of the debt to which the demand relates – whether the debt is a judgment debt – whether a genuine dispute arises from the statutory demand describing the debt as owing to a creditor in its capacity as trustee Legislation Cited: Corporations Act 2001 (Cth), ss 459E, 459H, 459J Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia [2014] NSWCA 402 ALYK (HK) Limited v Caprock Commodities Trading Pty Ltd [2015] NSWSC 1006 Re Essential Media and Entertainment Pty Ltd [2020] NSWSC 990 Retail Employees Superannuation Pty Ltd v AMP Capital Investors Limited [2013] NSWSC 1633 Riverlands Club Holdings Ltd v Suzy David Trading as David Legal [2008] NSWSC 1065 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 Category: Principal judgment Parties: Integrated Green Energy Solutions Limited ACN 003 669 163 (Plaintiff) Mac Wealth Holdings Pte Limited in its own capacity and as trustee for Mac Wealth Holdings (Singapore) (Defendant) Representation: Counsel: Mr A Chesire SC (Plaintiff) Mr O Jones (Defendant)