NSW Caselaw
Reported Decision : (2006) 24 ACLC 1433
New South Wales Supreme Court
CITATION : R & R Consultants Pty Ltd v Deputy Commissioner of Taxation [2006] NSWSC 1152
HEARING DATE(S) : 19/10/06
JUDGMENT DATE : 19 October 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 10/19/2006
DECISION : Order that the amended originating process be dismissed with costs; note that the application originally made under s 459G is also dismissed by reason of the amendment made to the originating process and the dismissal of that originating process as amended.
CATCHWORDS : CORPORATIONS – Winding-up – Statutory demand – Application to set aside statutory demand – Defendant served plaintiff with document purporting to be statutory demand – Document was a photocopy – Supporting affidavit was also a photocopy – Whether document was valid statutory demand – Meaning of "statutory demand" – ss 9 and 459E Corporations Act 2001 (Cth) considered – Held that document was valid statutory demand – Application dismissed.
LEGISLATION CITED : Corporations Act 2001 (Cth) Taxation Administration Regulations
CASES CITED : Parklands Blue Metal Pty Limited v Kowari Motors Pty Limited [2004] 1 Qd R 140 NM Superannuation Pty Limited v Hughes (1992) 27 NSWLR 26
R & R Consultants Pty Ltd PARTIES : v Deputy Commissioner of Taxation
FILE NUMBER(S) : SC 5898/05
COUNSEL : Plaintiff: M J Dawson Defendant: P Rodionoff
SOLICITORS : Plaintiff: McMahons National Lawyers Defendant: ATO Legal Services Branch
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