Australian Beverage Distributors Pty Ltd v Cranswick Premium Wines Pty Ltd [2004] NSWSC 877

Reported Decision : 50 ACSR 544

New South Wales Supreme Court

CITATION : Australian Beverage Distributors Pty Ltd v Cranswick Premium Wines Pty Ltd [2004] NSWSC 877 HEARING DATE(S) : 20/09/04 JUDGMENT DATE : 20 September 2004

JURISDICTION: Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : Time for compliance with statutory demand extended for one month on conditions as to expeditious prosecution of appeal.

CATCHWORDS : CORPORATIONS - winding up - statutory demand - order by Master that amount of demand be reduced by certain offsetting claims - company initiates appeal on basis that certain further offsetting claims should have been recognised - whether time for compliance with statutory demand should be extended to accommodate appeal - whether company should be required to make payment into court - terms on which extension should be granted LEGISLATION CITED : Corporations Act 2001 (Cth), ss.459F(2)(a)(i), 459H Supreme Court Rules, Part 60 rule 17(k) Buckland Products Pty Ltd v Deputy Commissioner of Taxation [2003] VSCA 85 Deputy Commissioner of Taxation v Burwood Retail Pty Ltd [2002] VSC 417 CASES CITED : Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737 Marthas T Market Pty Ltd v Reliance Financial Services Pty Ltd [2002] NSWSC 931 Spacorp Australia Pty Ltd v Myer Stores Ltd (No 2) [2000] VSC 484 PARTIES : Australian Beverage Distributors Pty Ltd - Plaintiff Cranswick Premium Wines Pty Ltd - Defendant FILE NUMBER(S) : SC 2021/04 COUNSEL : Mr D A Allen - Plaintiff Mr J T Johnson - Defendant SOLICITORS : Brooks & Co - Plaintiff Sally Nash & Co - Defendant