NSW Caselaw
New South Wales Supreme Court
CITATION : Infact Consulting Pty Ltd v Kyle House Pty Ltd [2007] NSWSC 56
HEARING DATE(S) : 13/11/06, 16/11/06
JUDGMENT DATE : 9 February 2007
JURISDICTION : Equity Division
JUDGMENT OF : White J
DECISION : 1. Order that the originating process be dismissed; 2. order that the plaintiff pay the defendant's costs.
CATCHWORDS : CORPORATIONS – Winding-up – Winding-up in insolvency – Statutory demand – Application to set aside statutory demand – For defect or some other reason – Defendant served plaintiff with statutory demand – Statutory demand described relevant debts as judgment debts and was not accompanied by affidavit verifying amounts due – Plaintiff claimed that relevant debts were not judgment debts because of small disconformities between amounts claimed as judgment debts and amounts in certificates of costs determination which constituted judgment debts – Whether statutory demand liable to be set aside pursuant to s 459J(1)(b) Corporations Act 2001 (Cth) – Where plaintiff failed to delineate s 459J(1)(b) claim in affidavit in support of originating process – Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 considered – Application dismissed.
LEGISLATION CITED : Corporations Act 2001 (Cth) Legal Profession Act 2004 (NSW)
Portrait Express (Sales) Pty Ltd v Kodak (Australasia) Pty Ltd (1996) 132 FLR 300; 20 ACSR 746 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 Energy Equity Corporation Ltd v Sinedie Pty Ltd (2001) 166 FLR 179 Process Machinery Australia Pty Ltd v ACN 057 260 590 Pty Ltd [2002] NSWSC 45 Elm Financial Services Pty Ltd v MacDougal [2004] NSWSC 560 CASES CITED : Anderson Formrite Pty Ltd v CASC Hire Pty Ltd (2005) 147 FLR 379; (2006) 24 ACLC 154 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 Tuta Healthcare v Nipro Asia Pty Ltd [2005] NSWSC 664 Condor Asset Management Ltd v Excelsior Eastern Ltd (2005) 56 ACSR 223 Callite Pty Ltd v Peter John Adams & 3 Ors [2001] NSWSC 52 Michael Davies Associates Pty Ltd v Wollacott Hale Corlett & Jumikis Consulting Engineers Pty Ltd [2002] NSWSC 472
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