NSW Caselaw
Reported Decision : (2007) 25 ACLC 1,038
New South Wales Supreme Court
CITATION : Midas v Equator [2007] NSWSC 759 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2nd, 3rd, 4th, 12th July 2007 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 12 July 2007
DECISION : Payment into Court of the amount of the judgment debt the subject of the demand, plus interest, having been made by the recipient of the statutory demand, the demand is set aside
CATCHWORDS : CORPORATIONS - statutory demand - judgment debt - reasonable and arguable appeal on foot - condition imposed that amount of debt be paid into Court - "some other reason why the demand should be set aside" under s 459J(1)(b) Corporations Act 2001(Cth)
LEGISLATION CITED : Corporations Act 2001 (Cth)
Barclays Australia (Finance) Limited v Mike Gaffikin Marine Pty Limited (1996) 21 ACSR 235 Ketrim Pty Limited v AS&L Pty Limited (2005) 52 ACSR 252 Eumina Investments Pty Limited v Westpac Banking Corporation (1998) 84 FCR 454 CASES CITED : Natcraft Pty Limited v WIN Television Pty Limited [2003] 1 Qd R 196 Meehan v Glazier Holdings Pty Limited (2005) 53 ACSR 229 Sajepe Pty Limited v Lawler [2000] NSWSC 262 Fraser Henleins Pty Limited v Cody (1945) 70 CLR 100. Kirkstall Brewery Co v Furness Railway Co (1874) LR 9 QB 468
PARTIES : Midas Management Pty Ltd ACN 067 519 911 Equator Communications Pty Ltd ACN 082 576 976
FILE NUMBER(S) : SC 02901/2007
R. N. Winfield 2nd & 3rd July (Plaintiff) COUNSEL : P. A. Hill 4th & 12th July (Plaintiff) A.D. Crossland 2nd, 3rd & 4th July (Defendant) J. O'Connor 12th July (Defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate