NSW Caselaw
Reported Decision : 221 FLR 393
New South Wales Supreme Court
CITATION : Energy Conservation Systems Pty Ltd v Downer EDI Engineering Electrical Pty Ltd [2008] NSWSC 1139
HEARING DATE(S) : 27/10/08
JUDGMENT DATE : 28 October 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Proceedings dismissed with costs
CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside - whether application served on company that issued the demand - application sent to address in Queensland that was not that company's registered office - applicability of Service and Execution of Process Act 1992 (Cth)
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 109X(1), (2), (3), 459G Service and Execution of Process Act 1992 (Cth), ss 3(1), 9, 15(1), 15(3), 16
CATEGORY : Principal judgment
Elan Copra Trading Pty Ltd v JK International Pty Ltd [2005] SASC 501; (2005) 195 FLR 229 CASES CITED : Italiano v Carbone [2005] NSWCA 177 Marlan Financial Services Pty Ltd v New England Agricultural Traders Pty Ltd [1999] VSC 435; (1999) 158 FLR 256
PARTIES : Energy Conservation Systems Pty Limited - Plaintiff Downer EDI Engineering Electrical Pty Limited - Defendant
FILE NUMBER(S) : SC 3837/08
COUNSEL : Mr R G Forster SC - Plaintiff Mr J Ratanatray - Defendant
SOLICITORS : Arnold Bloch Leibler - Plaintiff Birch & Co by their Sydney Agents Makinson & d'Apice - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
Barrett J
Tuesday 28 October 2008
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