CGU Workers' Compensation (NSW) Ltd v Harry Wever Pty Ltd [2006] NSWSC 1246

New South Wales Supreme Court

CITATION : CGU Workers' Compensation (NSW) Ltd v Harry Wever Pty Ltd [2006] NSWSC 1246

HEARING DATE(S) : 06/11/06

JUDGMENT DATE : 6 November 2006

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 11/06/2006

DECISION : 1. Make orders in accordance with paragraphs 1 and 2 of the interlocutory process filed on 28 August 2006; 2. order that there be no order as to costs of the application.

CATCHWORDS : CORPORATIONS – Winding up – Winding up in insolvency – Statutory demand – Application to set aside statutory demand – Court ordered defendant be wound up on earlier application of plaintiff – Order made in absence of appearance by defendant – Defendant contended that debt claimed by plaintiff was not owed due to earlier cancellation of workers' compensation policy which gave rise to alleged debt – Plaintiff decided to executively reverse debt on basis of which it served statutory demand on defendant – Whether Court should set aside winding up order pursuant to r 36.16(2)(b) Uniform Civil Procedure Rules 2005 (NSW) – Whether defendant solvent – Where any debts owed by defendant discharged by forgiveness or novation – Application to set aside statutory demand granted.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)

CASES CITED : Double Bay Newspapers Pty Ltd & Others v The Fitness Lounge Pty Ltd (2006) 57 ACSR 131

CGU Workers' Compensation (NSW) Ltd PARTIES : v Harry Wever Pty Ltd

FILE NUMBER(S) : SC 1934/06

COUNSEL : Plaintiff: Ms Zevgolis Defendant: N/A