NSW Caselaw
New South Wales Supreme Court
CITATION : JEG Constructions No.2 Pty Ltd v Workers Compensation Nominal Insurer [2007] NSWSC 1017 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 3 September 2007 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 3 September 2007
DECISION : Statutory demand be set aside.
CATCHWORDS : CORPORATIONS – Application to set aside statutory demand – Whether claims made in statutory demand barred by definition of "claim" and "fixed date" in deed of company arrangement – Circumstances giving rise to claim present before "fixed date" – Statutory demand set aside
Corporations Act 2001 (Cth) LEGISLATION CITED : Workers Compensation Act 1987 (NSW) Bankruptcy Act 1966 (Cth)
Health Insurance Commission v Trustee In Bankruptcy of the Estate of Ioakim Alekozoglou [2003] FCA 848 CASES CITED : Vale v TMH Haulage Pty Ltd (1993) 31 NSWLR 702 Gaffney v Federal Commissioner of Taxation (1998) 81 FCR 574 Buzzle Operations Pty Ltd (in liq) v Apple Computer Australia Pty Ltd [2007] NSWSC 930
PARTIES : JEG Constructions No. 2 Pty Ltd T/A Tailored Property Constructions Workers Compensation Nominal Insurer by its Scheme Agent Allianz Australia Workers' Compensation (NSW) Limited ABN 17 003 087 545
FILE NUMBER(S) : SC 2787/2007
COUNSEL : R. Freeman (Solicitor) (Plaintiff) P. Day (Solicitor) (Defendant)
SOLICITORS : Graham Wilks, Solicitor (Plaintiff) Woods & Day (Defendant)
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