NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Rothwell One Pty Ltd [2025] NSWSC 53 Hearing dates: 7 February 2025 Date of orders: 17 February 2025 Decision date: 17 February 2025 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: (1) The Originating Process filed 23 September 2024 is dismissed. (2) The Plaintiff pay the Defendant's costs of the proceeding. Catchwords: CORPORATIONS — Winding up — Statutory demand — Application to set aside — Whether there is a genuine dispute about the existence or amount of the debt Legislation Cited: Corporations Act 2001 (Cth) s 459G, s 459H Cases Cited: Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 CGI Information Systems v APRA Consulting Pty Ltd [2003] NSWSC 728 Ligon 158 Pty Ltd v Huber [2016] NSWCA 330 Panel Tech Industries (Australia) Pty Ltd v Australian Skyreach Equipment Pty Ltd (No 2) [2003] NSWSC 896 Re Wollongong Coal Ltd [2015] NSWSC 1680 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452; [1997] FCA 681 Category: Principal judgment Parties: Rothwell One Pty Ltd (Plaintiff) ASEJ Business Solutions Pty Ltd (Defendant) Representation: Counsel: J Tsang (Plaintiff) T Cleary (Defendant)
Solicitors: Ma & Company Solicitors (Plaintiff) Matthews Folbigg Lawyers (Defendant) File Number(s): 2024/352492 Publication restriction: Nil
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