In the matter of Pressure Pro Pty Ltd [2022] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pressure Pro Pty Ltd [2022] NSWSC 1635 Hearing dates: 9 November 2022 Date of orders: 9 November 2022 Decision date: 09 November 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Amended Originating Process filed by the Plaintiff on 20 September 2022 is dismissed with costs. Catchwords: CORPORATIONS — Winding up — Statutory demand — Affidavit in support of application — Where the affidavit verifying a statutory demand was sworn by a person in a foreign country and witnessed by audio-visual means by an Australian legal practitioner physically located in Melbourne, Victoria — Whether the affidavit was validly witnessed and if not, whether the demand should be set aside. CORPORATIONS — Winding up — Statutory demand — Genuine dispute about existence or amount of debt — Setting aside on other grounds — Where there is an arbitration provision in the agreement governing the parties' relationship — Whether there was a dispute at the time the demand was served so as to engage the arbitration provision - whether the demand should be set aside. Legislation Cited: Acts Interpretation Act 1901 (Cth), s 27(b) Corporations Act 2001 (Cth), ss 459E, 459H, 459J Electronic Transactions Act 2000 (NSW) Evidence Act 1995 (Cth), s 186 Evidence Act 1995 (NSW) Interpretation of Legislation Act 1984 (Vic), s 35 Judiciary Act 1903 (Cth), s 79 Oaths Act 1900 (NSW), s 26, s 27 Oaths and Affirmations Act 2018 (Vic), s 21 The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, opened for signature 18 March 1970, 847 UNTS 231 (entered into force 7 October 1972) Cases Cited: - Arris Investments Pty Limited v Fahd [2010] NSWSC 309 - Bobolas v Waverley Council (2016) 92 NSWLR 406 - Fastlink Calling Pty Ltd v Macquarie Telecom Pty Ltd [2008] NSWSC 299; [2016] NSWCA 139 - Re Vivo International Corporation Pty Ltd [2013] NSWSC 1462 - Shaolin Temple Foundation (Australia) Ltd [2016] NSWSC 1232 Texts Cited: Matthew Bacon, A New Abridgment of the Law (London, 1832) Category: Principal judgment Parties: Pressure Pro Pty Ltd (Plaintiff) Corroventa Avfuktning AB (Defendant) Representation: Counsel: W R Chan (Plaintiff) M Fernandes (Defendant)