NAB v Onyx [2008] NSWSC 973

New South Wales Supreme Court

CITATION : NAB v Onyx [2008] NSWSC 973

HEARING DATE(S) : 17/09/08

JUDGMENT DATE : 17 September 2008

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 17 September 2008

DECISION : Paragraph 26

CATCHWORDS : Corporations Law. Application to wind up company in insolvency by substituted creditor. Application for leave under s 459S as no application to set aside statutory demand. Application refused. Company wound up.

PARTIES : National Australia Bank Limioted v Onyx Group Pty Limited

FILE NUMBER(S) : SC 5142/2007

COUNSEL : Mr EC Muston for plaintiff Mr DJ Durston for defendant

SOLICITORS : Turks Legal for plaintiff Gillard Consulting Lawyers for defendant

- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

WEDNESDAY 17 SEPTEMBER 2008

5142/07 NATIONAL AUSTRALIA BANK LIMITED v ONYX GROUP PTY LIMITED

JUDGMENT

1 HIS HONOUR: I am presently engaged in a hearing which is winding up proceedings against the defendant. The present plaintiff is the National Australia Bank Ltd which has been substituted as a creditor. 2 The original statutory demand on which the present plaintiff relies, which is exhibit A before me, is a statutory demand served on 19 July 2007 which claimed a debt in these terms: "(a) A debt outstanding to the Creditor pursuant to the invoice issued by the Creditor to the Debtor dated 22 June 2007 - $45,000" 3 The affidavit is supported by an affidavit of Kam Kon Soong sworn on 19 October 2007. Paragraphs 2, 3 and 4 of that affidavit in these terms: "2. Upon the payment contemplated in Clause1 above, the Creditor assigns to the Third party all its right, title and interest in the Debt.