NSW Caselaw
New South Wales Supreme Court
CITATION : Druin v Caporale Designs [2009] NSWSC 739
HEARING DATE(S) : 6 July 2009
JUDGMENT DATE : 6 July 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 6 July 2009
DECISION : 1. Order that the interlocutory process filed on 1 June 2009 be dismissed. 2. Order that the applicant pay the liquidator's costs of the interlocutory process. 3. Otherwise make no order as to costs of the interlocutory process. 4. The exhibits may be returned after 28 days.
CATCHWORDS : CORPORATIONS – application to set aside order that company be wound up and that liquidator be appointed – order made in absence of company – failure to disclose order of Local Court for payment of judgment debt by instalments – no fundamental irregularity - presumption of insolvency due to failure to satisfy or set aside statutory demands – presumption not rebutted – application to terminate winding up under s 482 Corporations Act 2001 (Cth) – absence of evidence as to company's solvency – application dismissed
LEGISLATION CITED : Corporations Act 2001 (Cth)
CASES CITED : Double Bay Newspapers Pty Limited & Ors v Fitness Lounge Pty Limited [2006] NSWSC 226; (2006) 57 ACSR 131
Druin Pty Ltd PARTIES : v Caporale Designs Pty Ltd
FILE NUMBER(S) : SC 2706/09
Plaintiff: J Papalia COUNSEL : Defendant: R Caporale (director) Liquidator: J Rozea Supporting Creditor (ATO): I Chan
Plaintiff: de Mestre & Company Solicitors SOLICITORS : Defendant: n/a Liquidator: Gray & Perkins Supporting Creditor: Australian Taxation Office
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