Crouch v Transly Investment Pty Limited [2011] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: Crouch v Transly Investment Pty Limited [2011] NSWSC 1028 Hearing dates: Tuesday, 23 August 2011 Decision date: 23 August 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: Make orders 1, 2 and 3 in the originating process. Catchwords: CORPORATIONS - winding up - winding up in insolvency -non-compliance with statutory demand - no application to set aside statutory demand - company cannot dispute the applicants standing as a creditor - presumption of insolvency arising under s 459C, Corporations Act 2001 (Cth) - no evidence rebutting presumption of insolvency - winding up order made Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 Chief Commissioner of Stamp Duties v Paliflex Pty Ltd [1999] NSWSC 15; (1999) 17 ACLC 467 State Bank of New South Wales v Tela Pty Limited (No 2) [2002] NSWSC 20; (2002) 188 ALR 702 Bibby Financial Services v Wolf Industries [2004] NSWSC 134; (2004) 49 ACSR 45 Radiancy (Sales) Pty Ltd v Bimat Pty Ltd [2007] NSWSC 962; (2007) 25 ACLC 1216 Category: Principal judgment Parties: Nicholas James David Crouch as trustee of the bankrupt estate of Minh Chanh Tran (Plaintiff) Transly Investment Pty Limited (Defendant) Representation: G George (Plaintiff) P Le (Defendant) Pateman Legal (Plaintiff) Le Vaccaro Lawyers (Defendant) File Number(s): 2011/81583