NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Jana Pty Ltd [2022] NSWSC 112 Hearing dates: 14 February 2022 Date of orders: 14 February 2022 Decision date: 15 February 2022 Jurisdiction: Common Law Before: Williams J Decision: Statutory demand set aside and the defendant to pay the plaintiff's costs (see paragraph [63]) Catchwords: CORPORATIONS – statutory demand – application to set aside statutory demand – whether there is a genuine dispute as to whether debt was due and payable – whether there is a genuine dispute as to the correct construction of deed – whether demand should be set aside for some other reason Legislation Cited: Corporations Act 2001 (Cth), ss 459E, 459G, 459H, 459J Cases Cited: Creata (Aust) Pty Ltd v Faull (2017) 125 ACSR 212; [2017] NSWCA 300 In the matter of Essential Media and Entertainment Pty Ltd [2020] NSWSC 990 In the matter of JF Essential Power Pty Limited [2018] NSWSC 435 In the matter of Savemore Wholesale Pty Ltd [2021] NSWSC 307 Malec Holdings Pty Ltd v Scotts Agencies Pty Ltd (in liq) [2015] VSCA 330 Category: Principal judgment Parties: Jana Pty Ltd (Plaintiff) Allspec Constructions and Project Management Pty Ltd (Defendant) Representation: Counsel: Mr J Bennett (Plaintiff) Mr L Katsinas (Defendant)
Solicitors: Optic Lawyers (Plaintiff) JK Solicitors (Defendant) File Number(s): 21/279991 Publication restriction: N/A
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