Bibby Financial Services v Wolf Industries [2004] NSWSC 134

Reported Decision : 49 ACSR 45

New South Wales Supreme Court

CITATION : Bibby Financial Services v Wolf Industries [2004] NSWSC 134 HEARING DATE(S) : 23 February 2004 JUDGMENT DATE : 8 March 2004 JURISDICTION: Equity JUDGMENT OF : Austin J DECISION : Order made for substitution of applicant for winding up

CATCHWORDS : CORPORATIONS - winding up - application to wind up in insolvency - application by person who has served a statutory demand that has not been satisfied or set aside, for substitution as applicant for winding up - whether defendant may challenge applicant's standing as a creditor on ground that there is a genuine dispute as to the existence of the debt LEGISLATION CITED : Corporations Act 2001 (Cth) ss 459C, 459P, 459S, 465B Braams Group Pty Ltd v Miric (2002) 44 ACSR 124 Chief Commissioner of Stamp Duties v Paliflex (1995) 17 ACLC 467 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 CASES CITED : House of Tan Pty Ltd v Beachiris Pty Ltd (1996) 21 ACSR 527 Re Calsil Ltd (1982) 6 ACLR 515 South East Water Ltd v Kitoria Pty Ltd (1996) 21 ACSR 465 Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 Bibby Financial Services Australia Pty Ltd (P) PARTIES : Scottish Pacific Business Finance Pty Ltd (A) Wolf Industries Australia Pty Ltd (D/R) FILE NUMBER(S) : SC 5926/03 COUNSEL : Mr F Gleeson (A) Mr S A Benson (D/R) SOLICITORS : Piper Alderman (A) Judd Commercial Lawyers as agent for Morgan Conley Solicitors (D/R)