Missing Link Network Integration v Keene Consulting International [2007] NSWSC 1377

New South Wales Supreme Court

CITATION : Missing Link Network Integration v Keene Consulting International [2007] NSWSC 1377

HEARING DATE(S) : 16/11/07, 26/11/07

JUDGMENT DATE : 26 November 2007

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 26 November 2007

DECISION : Order that the amended interlocutory process filed 16 November 2007 be dismissed with costs.

CATCHWORDS : CORPORATIONS – winding-up – application to dismiss winding-up application – Corporations Act 2001 (Cth), s 459C(2)(a) – defendant asserted that winding up proceedings were commenced before date on which defendant taken to have failed to comply with statutory demand – reliance on presumption of insolvency not precluded if winding-up application filed before expiration of 21 day period for compliance with statutory demand – held in any event that demand served more than 21 days before winding-up application filed - application dismissed.

LEGISLATION CITED : Corporations Act 2001 (Cth) Evidence Act 1995 (NSW)

CASES CITED : Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 Pinn v Barroleg Pty Ltd (1997) 23 ACSR 541

The Missing Link Network Integration Pty Ltd PARTIES : v Keene Consulting International Pty Ltd

FILE NUMBER(S) : SC 4753/07

COUNSEL : Plaintiff: A C Casselden Defendant: C Keene (director of company)

SOLICITORS : Plaintiff: Raj Lawyers Defendant: N/A

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

WHITE J

Monday, 26 November 2007

4753/07 The Missing Link Network Integration Pty Ltd v Keene Consulting International Pty Ltd JUDGMENT 1 HIS HONOUR: In this application, the defendant seeks summary dismissal of a winding-up application brought by the plaintiff against it. 2 The originating process was filed by the plaintiff on 27 September 2007. It seeks an order that the defendant be wound up in insolvency. As well as, or alternatively to, seeking summary dismissal of the winding-up application the defendant seeks the following orders: " 2. A declaration that there is no presumption of insolvency pursuant to section 459C of the Corporations Act 2001 as the statutory demand was not served in accordance with section 109X of the Corporations Act.