NSW Caselaw
New South Wales Supreme Court
CITATION : Cremona Bros Pty Ltd v Chris Antico Pty Ltd [2009] NSWSC 390 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 08/05/2009
JUDGMENT DATE : 8 May 2009
JURISDICTION : Equity
JUDGMENT OF : Bryson AJ
DECISION : (1) Order that the creditor's statutory demand for payment of an asserted debt of Cremona Bros Pty Ltd to Chris Antico Pty Ltd dated 4 September 2008 and served on 9 September 2008 be set aside. (2) Order that the defendant pay the plaintiff's costs of these proceedings. Costs are to be assessed on the indemnity basis.
CATCHWORDS : CORPORATIONS – winding up – Statutory Demand – Demand of 98 pages made demand with different amount and supporting information to that put forward in earlier communications between parties – extreme complexity and ordinary accounting practices not followed – creditor's evidence conceded some excesses and if brought forward further claims said to show Demand was too low – found, the Demand was prepared for calculated purpose of swamping the recipient with information that could not be well dealt with in the time available, was an abuse of the statutory process and grossly unfair – Statutory Demand set aside
PARTIES : Cremona Bros Pty Ltd (Plaintiff) Chris Antico Pty Ltd (Defendant
FILE NUMBER(S) : SC 4995/08
COUNSEL : D.J. Jarrett (Plaintiff) A. Tsekouras (Defendant
SOLICITORS : Nemes Thomas (Plaintiff) Abadee Dresdner & Freeman (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON AJ
FRIDAY 8 MAY 2009
4995/08 - CREMONA BROS PTY LTD v CHRIS ANTICO PTY LTD
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