NSW Caselaw
New South Wales Supreme Court
CITATION : Modena Imports Pty Ltd v Leveraged Capital Pty Ltd (in liq) [2009] NSWSC 20 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 02/02/09
JUDGMENT DATE : 2 February 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 2 February 2009
DECISION : Proceedings dismissed with costs (to be assessed on the indemnity basis)
CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside - whether application made in conformity with s 459G - whether affidavit is "an affidavit supporting" the application - where affidavit confined to bald assertion
LEGISLATION CITED : Corporations Act 2001 (Cth), s 459G, 459H(1)(a) and (b), 459H(5), 459J
CATEGORY : Principal judgment
Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 CASES CITED : Macleay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 Pacific Islands Express Pty Ltd v Empire Building Development Pty Ltd [2008] NSWSC 576
PARTIES : Modena Imports Pty Limited - Plaintiff Leveraged Capital Pty Ltd (in liq) - Defendant
FILE NUMBER(S) : SC 5788/08
COUNSEL : Mr P J Beazley, Solicitor - Plaintiff Mr H J H Neal - Defendant
SOLICITORS : Beazley Singleton Lawyers - Plaintiff Deacons - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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