NSW Caselaw
New South Wales Supreme Court
CITATION : Truong v HT Design & Construction Pty Ltd [2007] NSWSC 102
HEARING DATE(S) : 16/02/07
JUDGMENT DATE : 16 February 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 16 February 2007
DECISION : Orders for winding up and appointment of liquidator
CATCHWORDS : CORPORATIONS - winding up - winding up in insolvency - non-compliance with statutory demand - defendant company carrying onus to prove solvency - reliance on report and opinion of chartered accountant - report and opinion disclose no satisfactory basis for conclusion stated - plaintiff adduces evidence of substantial debts due and payable not taken into account in report and opinion - defendant's onus not discharged - submission that making of winding up order should be de deferred - no basis for deferral particularly where company trading and incurring debts
LEGISLATION CITED : Consumer Trader and Tenancy Tribunal Act 2001, s.51 Corporations Act 2001(Cth), ss.95A, 459A, 459C(2)(a)
Anvic Holdings Pty Ltd v Constable [2002] NSWSC 424 CASES CITED : Expile Pty Ltd v Jabb's Excavations Pty Ltd (2003) 45 ACSR 711 Noxequin Pty Ltd v Deputy Commissioner of Taxation [2007] NSWSC 87
PARTIES : Duc Vinh Truong and Nguyet Nga Truong - Plaintiffs HT Design & Construction Pty Limited - Defendant
FILE NUMBER(S) : SC 5357/06
COUNSEL : Mr J.T. Johnson - Plaintiffs Mr T.O. Bland - Defendant
SOLICITORS : Watson & Watson - Plaintiffs McDermott & Associates - Defendants
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