Partners of Piper Alderman v Sharjade Pty Limited [2011] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: Partners of Piper Alderman v Sharjade Pty Limited [2011] NSWSC 6 Hearing dates: 31 January 2011 Decision date: 01 February 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: 1. Order that Sharjade Pty Limited ACN 082 305 637 be wound up in insolvency. 2. Order that Andrew Hugh Jenner Wily of Armstrong Wily, Level 5, 75 Castlereagh Street, Sydney, an official liquidator, be appointed liquidator of Sharjade Pty Limited. 3. Order that the defendant pay the plaintiff's costs of the proceedings. 4. Direct that the orders be entered forthwith. Catchwords: CORPORATIONS - winding up - application for winding up in insolvency based on non-compliance with statutory demand - defendant alleges non-receipt of statutory demand - service by post proved - presumption of insolvency therefore available - no attempt by defendant to prove solvency - relevance of non-receipt of statutory demand to exercise of discretion whether to order winding up - no basis to exercise discretion against making of order Legislation Cited: Acts Interpretation Act 1901 (Cth), s 29 Corporations Act 2001 (Cth), ss 109X(1)(a), 459C(2)(a), 459S(1), (2), 467(1) Income Tax Assessment Act 1936 (Cth), s 222AOF Cases Cited: Deputy Commissioner of Taxation v Meredith (2007) NSWCA 354; (2007) 229 FLR 243 Macrae v St Margaret's Hospital [1999] NSWCA 381; (1999) 19 NSWCCR 1 Commonwealth Broadcasting Corp Pty Ltd v Pacific Mobile Phones Pty Ltd [2008] QSC 210; (2008) 219 QSC 442 Category: Principal judgment Parties: The Partners of Piper Alderman (Plaintiff) Sharjade Pty Limited (Defendant) Representation: Counsel: Mr A Ivantsoff (Plaintiff) Mr M Akbarian, Director of Defendant in person (Defendant) Solicitors: Piper Alderman (Plaintiff) Mr M Akbarian, Director of Defendant in person (Defendant) File Number(s): 2010/323723