In the matter of Lanart Homes Pty Ltd [2024] NSWSC 1684

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Lanart Homes Pty Ltd [2024] NSWSC 1684 Hearing dates: 12 December 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that winding up application be dismissed with costs. Catchwords: CORPORATIONS – Winding up – where not proved that creditor's statutory demand was served by post, absent evidence that proper postage applied – presumption of insolvency arising from non-compliance with statutory demand not established. Legislation Cited: - Acts Interpretation Act 1901 (Cth), s 29 - Corporations Act 2001 (Cth), s 109X - Evidence Act 1995 (NSW), s 160 Cases Cited: - Brown v Bluestone Property Services Pty Ltd [2010] NSWSC 869 - Re VO Group Australia Pty Ltd [2023] NSWSC 852 - Thomas Patterson t/as Tom Patterson Roofing and Carpentry v Roxton Commercial Builders Pty Ltd [2024] VSC 289 Category: Principal judgment Parties: Yulia Kalistratova (First Plaintiff) Nikolay Kalistratov (Second Plaintiff) Lanart Homes Pty Ltd (Defendant) Representation: Counsel: D Levi (Plaintiff) J Sharah (Solicitor) (Defendant)

Solicitors: RCM Lawyers (Plaintiff) Sharah & Associates (Defendant) File Number(s): 2024/262258

Judgment – EX TEMPORE (Revised 16 December 2024) 1. By Originating Process filed on 16 July 2024, Ms Yulia Kalistratova and Mr Nikolay Kalistratov together apply to wind up Lanart Homes Pty Ltd ("Company") relying on a presumption of insolvency arising from the alleged service of a creditors' statutory demand ("Demand").