NSW Caselaw
New South Wales Supreme Court
CITATION : Kozlowski v JSBG Developments Pty Ltd [2010] NSWSC 1022 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 1 September 2010
JUDGMENT DATE : 1 September 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 1 September 2010
1. Order that the defendant, JSBG Developments Pty Ltd (ACN 121 926 770) be wound up. 2. Order that Timothy Paul Heesh of SV Partners Pty Ltd be appointed as liquidator for the defendant. DECISION : 3. Make no order as to costs of the application. 4. Exhibits A and WK-1 may be returned. 5. Orders are to be entered forthwith.
CATCHWORDS : CORPORATIONS – application under Corporations Act 2001 (Cth), ss 459Q and 461 for winding up defendant for insolvency based on non-compliance with statutory demand – where defects or irregularities exist in connection with application for winding up – where some defects or irregularities did not cause substantial injustice – whether court should dismiss application because plaintiff's failure to advertise winding up application was defect or irregularity that has caused substantial injustice – whether court should dispense with step of advertising under s 467(3)(b) – no evidence that failure to advertise has caused substantial injustice
LEGISLATION CITED : Corporations Act 2001 (Cth) Building and Construction Industry Payments Act 2004 (Qld)
CATEGORY : Procedural and other rulings
CASES CITED : JSBG Developments Pty Ltd v Kozlowski [2010] NSWSC 97 Re Vaportec International Pty Ltd; re Parktec International Pty Ltd (1993) 12 ACLC 123
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