In the matter of Kay Investment Holdings Pty Ltd [2011] NSWSC 1033

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kay Investment Holdings Pty Ltd [2011] NSWSC 1033 Hearing dates: Monday, 15 August 2011 Decision date: 15 August 2011 Before: White J Decision: Refer to paras [32]-[34] of judgment. Catchwords: CORPORATIONS - practice and procedure - winding up in insolvency - application to set aside order dismissing application to set aside statutory demand made in the absence of the party - where party did not receive notification of hearing date due to incorrect email address being used - plaintiff entitled ex debito justitiae to have orders set aside - orders set aside pursuant to r 36.16(2)(b), Uniform Civil Procedure Rules 2005 - effect of setting aside order on presumption of insolvency - presumption of insolvency arose 7 days after application to set aside statutory demand was finally determined or otherwise disposed of - make order setting aside order dismissing application to set aside statutory demand with retrospective effect Legislation Cited: Retail Leases Act 1994 Corporations Act 2001 (Cth) Cases Cited: Cameron v Cole [1994] HCA 5; (1944) 68 CLR 571 Buckland Products Pty Ltd v Deputy Commissioner of Taxation of the Commonwealth of Australia [2003] VSCA 85 Jem Developments v Hansen Yuncken [2006] NSWSC 1378; (2006) 60 ACSR 393 Re Future Life Enterprises Pty Ltd (1994) 33 NSWLR 559 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales Category: Interlocutory applications Parties: Kay Investment Holdings Pty Ltd (Plaintiff) North East Developments Pty Ltd (Defendant) Representation: C R de Robillard (Plaintiff) S Chapple (Defendant) Bobi Damcevski Corporate & Civil Legal (Plaintiff) Herbert Geer Lawyers (Defendant) File Number(s): 2011/50106; 2011/214676