Earthwave Corporation Pty Ltd v Starcom Group Pty Ltd [2011] NSWSC 694

Supreme Court New South Wales

Medium Neutral Citation: Earthwave Corporation Pty Ltd v Starcom Group Pty Ltd [2011] NSWSC 694 Decision date: 24 June 2011 Before: White J Decision: Refer to para [29] of judgment. Catchwords: CORPORATIONS - winding up in insolvency - application to be substituted as plaintiff in application that defendant be wound in insolvency under s 465B, Corporations Act 2001 (Cth) - whether bona fide dispute about debt claimed by applicant - only evidence as to dispute about debt statement of claim annexed to affidavit - statement of claim not evidence of the facts asserted - defendant failed to show clear and persuasive grounds, or substantial grounds, for the dispute about debt claimed - applicant substituted as plaintiff Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: South East Water Limited v Kitoria Pty Limited (1996) 14 ACLC 1328 Beverage Holdings Pty Ltd v Greater Pacific Investments Pty Ltd (1990) 3 ACSR 743 Tokich Holdings Pty Limited v Sheraton Constructions (NSW) Pty Limited (in liq) [2004] NSWSC 527; (2004) 22 ACLC 955 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Limited (Receivers and Managers Appointed) [2011] HCA 18 Bhagat v Global Custodians Limited [2002] FCA 223 ICM Agriculture Pty Limited v Young [2009] FCA 109 Williamson v Scarano [2010] NSWSC 975 Category: Interlocutory applications Parties: Earthwave Corporation Pty Ltd (Applicant) Starcom Group Pty Ltd (Defendant/Respondent) Representation: J T Johnson (Applicant) D Parish (Defendant/Respondent) Sally Nash & Co (Applicant) Tabitha Ponnambalam (Defendant/Respondent) File Number(s): 2011/100340