NSW Caselaw
New South Wales Supreme Court
CITATION : HYJ Pty Ltd v Joen [2010] NSWSC 854
HEARING DATE(S) : 30/07/10
JUDGMENT DATE : 30 July 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 30 July 2010
DECISION : (1) Order that the Statutory Demand dated 24 February 2010 served on the plaintiff by the defendant be set aside. (2) Order that the defendant pay the plaintiff's costs of the proceedings.
CATCHWORDS : CORPORATIONS - winding up - statutory demand - debt alleged by sole director to be due to him under loan agreement he alone caused the company to make with him - genuine dispute as to existence of such debt where no suggestion that making of agreement sanctioned by constitution or resolution of general meeting - alleged off-setting claim by company - where sole director caused company to enter into employment contract with him and to pay him salary thereunder - no suggestion that making of agreement sanctioned by constituition or resolution of general meeting
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 459G, 459H(1)(a), 459H(1)(b), 459H(2), 459H(3)
CATEGORY : Principal judgment
Aberdeen Railway Co v Blaikie (1854) 1 Macq HL 461 CASES CITED : George A Bond & Co Ltd v Bond (1929) 30 SR(NSW) 15 Winthrop Investments Pty Ltd v Winns Ltd (1975) 2 NSWLR 666
PARTIES : HYJ Pty Ltd - Plaintiff Hyon Jin Joen - Defendant
FILE NUMBER(S) : SC 2010/67278
COUNSEL : Mr D P O'Connor - Plaintiff Mr J R Young - Defendant
SOLICITORS : H.I.S. Lawyers - Plaintiff Sean Kim Kim & Associates - Defendant
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