In the matter of Homeward Bound Export Cherry Project Pty Limited [2012] NSWSC 572

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Homeward Bound Export Cherry Project Pty Limited [2012] NSWSC 572 Hearing dates: 17 May 2012 Decision date: 17 May 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Application for orders for further production of documents and adjournment refused. Matter adjourned for hearing with half day estimate. Costs reserved. Catchwords: CORPORATIONS - Winding up - Statutory demand - Corporations Act 2001 (Cth) s 459H(1)(b) - Application to set aside statutory demand on the basis of offsetting claim - Application for orders for further production of documents and adjournment of the proceedings - Further application for adjournment on the basis that the Plaintiff would be caught by surprise if matter proceeded to hearing on the merits. Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56, 56-58, 57, 58 - Corporations Act 2001 (Cth) Pt 5.4, ss 459G, 459G(3), 459H(1)(a), 459H(1)(b), 459J Cases Cited: - Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund (1996) 70 FCR 452; 21 ACSR 581 Category: Interlocutory applications Parties: Homeward Bound Export Cherry Project Pty Limited (Applicant/Plaintiff) Farm Working Hands Pty Ltd (Respondent/Defendant) Representation: Counsel: A.B. Gartrell (Director in person) (Applicant/Plaintiff) J.H. Stephenson (Respondent/Defendant) Solicitors: A.B. Gartrell (Director in person) (Applicant/Plaintiff) Flynns Solicitors (Respondent/Defendant) File Number(s): 11/370352