Abraham v Joadja;Abraham v Jasmman [2007] NSWSC 981

New South Wales Supreme Court

CITATION : Abraham v Joadja;Abraham v Jasmman [2007] NSWSC 981

HEARING DATE(S) : 26 July, 6, 8 & 9 August 2007 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 9 August 2007

DECISION : The Joadja Whiskey Company Pty Limited, ACN 100 572 558 is placed under a winding up order, and Robert William Whitton is appointed to be liquidator. Jasmman Pty Limited, ACN 092 769 214, is placed under a winding up order, and Robert William Whitton is appointed to be liquidator

CATCHWORDS : CORPORATIONS – Application under s 459P read with s 459A of the Corporations Act 2001 (Cth) ("the Act") for the winding up of two companies following non-compliance with statutory demands – Opposed on grounds that statutory demands relied upon were served before validity of earlier demands had been tested, on basis that companies were not insolvent and that proceedings were abuse of process – Alleged forgery of jurats on affidavits – No leave sought under s 459S of the Act to rely on any grounds other than solvency – No basis for such leave in any event – Presumption of insolvency not rebutted – Actually insolvent – Abuse of process not made out – Process of the Court not being used for foreign purpose – Companies wound up

LEGISLATION CITED : Corporations Act, 2001 (Cth)

Joadja Whiskey v Abraham [2007] NSWSC 860 Ace Contractors & Staff Pty Limited v Westgarth Development Pty Limited [1999] FCA 728 Expile Pty Limited v Jabb's Excavations Pty Limited (2003) 45 ACSR 711 CASES CITED : Octavo Investments Pty Limited v Knight (1979) 144 CLR 360 Williams v Spautz [1992] 174 CLR 509 Hanrahan v Ainsworth (1990) 22 NSWLR 73 Briginshaw v Briginshaw (1938) 60 CLR 336 at 362-363