In the matter of AT Air Group Pty Limited [2012] NSWSC 774

Supreme Court New South Wales

Medium Neutral Citation: In the matter of AT Air Group Pty Limited [2012] NSWSC 774 Hearing dates: 20 June 2012 Decision date: 20 June 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Creditor's statutory demand varied pursuant to s 459H(2) Catchwords: Winding up - creditor's statutory demand - s 459G - order varying creditor's statutory demand - whether genuine dispute exists - whether offsetting claims exist Legislation Cited: (Cth) Corporations Act 2001, s 459H, s 459H, s 459E Category: Principal judgment Parties: AT Air Group Pty Limited (Plaintiff) Dieter Siewert (First Defendant) Lieselotte Siewert (Second Defendant) Representation: Counsel: JD Marshall (Plaintiff) B Coles (Defendants) B DeBuse (Defendants) Solicitors: Bartier Perry Lawyers (Plaintiff) Marsdens Law Group (Defendants) File Number(s): 2012/ 73450

Judgment (ex tempore) 1HIS HONOUR: On 14 February 2012, the defendants Dieter Siewert and Lieselotte Siewert served on the plaintiff company AT Air Group Pty Limited a creditor's statutory demand under (Cth) Corporations Act 2001, s 459E(2)(e), claiming a debt of $1,317,030.82 described as follows: Description of Debt Amount of Debt Overdue Secured Money instalments for the period 13 October 2011 to the date of this Creditor's Statutory Demand owing to the creditors by the company pursuant to a Security Agreement between the creditors and the company, dated 13 October 2011. $1,197,030.82 Overdue Purchase Price instalments for the period 22 October 2011 to the date of this Creditor's Statutory Demand owing to the creditors by the company pursuant to a 'Share Sale Agreement - Avtex Air Services Pty Ltd' between the creditors and the company, dated 22 July 2011. $120,000.00 Total $1,317,030.82