NSW Caselaw
New South Wales Supreme Court
CITATION : Randall Pty Ltd v Chepan Pty Ltd [2009] NSWSC 848
HEARING DATE(S) : 17/08/09
JUDGMENT DATE : 17 August 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 17 August 2009
DECISION : Application for extension of time dismissed with costs.
CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside statutory demand dismissed - plaintiff seeks extension of time for compliance on basis of intention to appeal - whether arguable case on appeal shown - absence from demand of warning obviously addressed to recipient company and drawing attention to need to deal with statutory demand - particular demand dealt with by recipient company within time - argument that injustice will be occasioned to all companies if particular defective demand not set aside - no arguable case on appeal - extension of time for compliance refused
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 9, 459F(2)(a)(i), 459G, 459J(1)(a), 459S Corporations Amendment Regulations 2007 (No 13)
CATEGORY : Principal judgment
Australian Beverage Distributors Pty Ltd v Cranswick Premium Wines Pty Ltd [2004] NSWSC 877; (2004) 50 ACSR 544 CASES CITED : Jem Devlopments Pty Ltd v Hansen Yuncken Pty Ltd [2006] NSWSC 1378; (2006) 60 ACSR 393 Randall Pty Ltd v Chapan Pty Ltd [2009] NSWSC 791 Randall Pty Ltd v Chepan Pty Ltd [2009] NSWSC 783
Randall Pty Limited - Plaintiff PARTIES : Chepan Pty Limited - First Defendant Angela Kallinicos - Second Defendant
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