In the Matter of Centurcorp Retail Pty Limited [2012] NSWSC 1050

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of Centurcorp Retail Pty Limited [2012] NSWSC 1050 Hearing dates: 17 July 2012 Decision date: 17 July 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Creditor's statutory demand set aside with costs Catchwords: CORPORATIONS - creditor's statutory demand - Corporations Act, s 459G - whether a genuine dispute exists Legislation Cited: (Cth) Corporations Act 2001, s 459H, s 459J Cases Cited: Central City Pty Ltd v Montevento Holdings [2011] WASCA 5 Beauty Health Group Limited v Shall [2011] NSWSC 77 B & M Davidovich Pty Limited v Professional Services Group Pty Limited [2012] NSWSC 134 Solarite Air Conditioning Pty Ltd v York International Australia [2002] NSWSC 411 Panel Tech Industries v Australian Skyreach (No 2) [2003] NSWSC 896 Category: Principal judgment Parties: Centurcorp Retail Pty Limited (First Plaintiff) Wild Thing Retail Pty Limited (Second Plaintiff) HZ SOL Pty Ltd (First Defendant) Phillip Patrick Carter and Christopher Clark Hill as receivers and managers of HZ SOL Pty Ltd (in liquidation) (receivers and managers appointed) (Second Defendant) Representation: Counsel: J Tobin (plaintiffs) M Darke (defendants) Solicitors: Charnock O'Brien Legal (plaintiff) Allens (defendant) File Number(s): 12/132908