NSW Caselaw
Reported Decision : (2000) 34 ACSR 177
New South Wales Supreme Court
CITATION : Sterling Estates (SA) Pty Ltd v Bradley [2000] NSWSC 366 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1052/99 HEARING DATE(S) : 14 and 23 March 2000 JUDGMENT DATE : 8 May 2000
PARTIES : Sterling Estates (SA) Pty Limited (P) Michael Bradley (D) JUDGMENT OF : Hamilton J
COUNSEL : C R Newlinds (P) J Simpkins (D) SOLICITORS : Kemp Strang (P) Conway MacCallum (D) CATCHWORDS : CORPORATIONS [212] - Winding up by Court - Grounds for winding up - Insolvency - Application to set aside demand - Genuine dispute as to indebtedness - Assessing genuineness. LEGISLATION CITED : Corporations Law ss 459E, 459G & 459H CASES CITED : Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 DECISION : Appeal from Master dismissed.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J MONDAY, 8 MAY 2000
1052/99 STERLING ESTATES (SA) PTY LIMITED v MICHAEL BRADLEY
JUDGMENT
His Honour: 1 This is an appeal from a judgment of Master Macready given on 23 September 1999 whereby at the suit of the respondent the learned Master set aside a notice of demand served on it by the appellant under s 459E of the Corporations Law ("the CL"). The CL continues to provide for non compliance with a notice of demand as a means of establishing the insolvency of a company for the purposes of an application to wind it up. 2 The provisions of the CL particularly material to this appeal are s 459E(1)(a) which provides that a person may serve on a company a demand relating to a single debt "that the company owes to the person, that is due and payable". It provides by s 459E(2) that the demand must specify the debt and its amount. By s 459G(1) the CL provides that a company may apply to the Court for an order setting aside a statutory demand served on the company. Section 459H provides as follows: "(1) This section applies where, on an application under section 459G, the Court is satisfied of either or both of the following:
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