NSW Caselaw
New South Wales Supreme Court
CITATION : Malik Investments Pty Ltd v ICA Group Pty Ltd [2007] NSWSC 1104
HEARING DATE(S) : 02/10/07
JUDGMENT DATE : 2 October 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 2 October 2007
DECISION : Orders for winding up and appointment of liquidator
CATCHWORDS : CORPORATIONS - winding up in insolvency - non-compliance with statutory demand - pending s.459S application for leave to defend on ground of solvency - leave not needed - oral s.459S application to rely on dispute concerning debt subject of statutory demand - application too late - only evidence of solvency is uncorroborated word of director - defendant's onus not discharged - orders made
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.459C, 459G, 459H, 459J, 459S,
Chippendale Printing Co Pty Ltd v Deputy Commissioner of Taxation (1995) 55 FCR 562 CASES CITED : Deputy Commissioner of Taxation v Sydney Concrete Steel Fixing Pty Ltd (1999) 17 ACLC 972 Expile Pty Ltd v Jabb's Excavations Pty Ltd (2003) 45 ACSR 711 Switz Pty Ltd v Glowbind Pty Ltd (2000) 33 ACSR 723
PARTIES : Malik Investments Pty Ltd - Plaintiff ICA Group Pty Ltd - Defendant
FILE NUMBER(S) : SC 2706/07
COUNSEL : Mr M.J. Cohen - Plaintiff Mr M.D. Foley, Solicitor - Defendant
SOLICITORS : Rocco Mimmo Lawyer - Plaintiff Foleys - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
BARRETT J
TUESDAY 2 OCTOBER 2007
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