New South Wales Supreme Court CITATION : PJM Financial Services Pty Ltd v Citigroup Global Markets Australia Pty Ltd; PJKLM Holdings Pty Ltd v Citigroup Global Markets Australia Pty Ltd [2008] NSWSC 547 HEARING DATE(S) : 28/05/08 JUDGMENT DATE : 4 June 2008 JURISDICTION : Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : In each case, originating process dismissed with costs CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside - whether genuine dispute as to existence or amount of debt - turns on own facts - no matter of principle LEGISLATION CITED : Corporations Act 2001 (Cth), s 459G CATEGORY : Principal judgment (1) PJM Financial Services Pty Limited - Plaintiff PARTIES : Citigroup Global Markets Australia Pty Limited - Defendant (2) PJKLM Holdings Pty Limited - Plaintiff Citigroup Global Markets Australia Pty Limited - Defendant FILE NUMBER(S) : SC (1) 1521/08; (2) 1522/08 COUNSEL : Mr D E Grieve QC/Mr R M Higgins - Plaintiff Mr M A Pembroke SC/Mr S E Gray - Defendant SOLICITORS : RBHM Commercial Lawyers - Plaintiff HWL Ebsworth Lawyers - Defendant IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST BARRETT J WEDNESDAY 4 JUNE 2008 1521/08 PJM FINANCIAL SERVICES PTY LIMITED v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED 1522/08 PJKLM HOLDINGS PTY LIMITED v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED JUDGMENT 1 In each of these proceedings, the plaintiff applies under s 459G of the Corporations Act 2001 (Cth) for an order setting aside a statutory demand served on it by the defendant. 2 It was accepted by the parties in each case that the decision in Clawson Holdings Pty Ltd v Citigroup Global Markets Australia Pty Ltd [2008] NSWSC 537 would govern. 3 In each of 1521/08 and 1522/08, therefore, it is ordered that the proceedings be dismissed with costs. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.