NSW Caselaw
New South Wales Supreme Court
CITATION : Kelly v J Stockwell & Co Pty Ltd [2007] NSWSC 214
HEARING DATE(S) : 12/03/07
JUDGMENT DATE : 12 March 2007
JURISDICTION : Equity Division Corporations Listt
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 12 March 2007
DECISION : Order for winding up. Order appointing liquidator.
CATCHWORDS : CORPORATIONS - winding up - application for winding up order by creditor relying on unsatisfied statutory demand - subsequently filed application by company seeking order for its own winding up - whether plaintiff's prior application an abuse of process - where plaintiff's application attended by certain procedural irregularities with respect to time - whether such defects productive of "substantial injustice" within s.467A
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.461(1)(a), 465A, 467A, 470(1)(a)
Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2006) 230 ALR 184 CASES CITED : Australian Securities and Investments Commission v Eastlands Pty Ltd (No 3) [2006] FCA 1702 IOC Australia Pty Ltd v Mobil Oil Australia Ltd (1975) 11 ALR 417 Re a Company [1894] 2 Ch 349
PARTIES : Aaron Lee Kelly - Plaintiff J Stockwell & Co Pty Ltd - Defendant
FILE NUMBER(S) : SC 6483/06
COUNSEL : Mr B. Loukas, Solicitor - Plaintiff Ms S.K. Hill - Defendant
SOLICITORS : Rick Jones & Associates - Plaintiff Youth and Enterprise Legal Centre - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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