NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Butmall Pty Ltd [2015] NSWSC 1211 Hearing dates: 9 June 2015 Decision date: 09 June 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the application to set aside the creditor's statutory demand be dismissed. The Plaintiff pay the Defendant's costs on an ordinary basis, as agreed or as assessed. Catchwords: CORPORATIONS – winding up – application to set aside a creditor's statutory demand under s 459H(1)(b) of the Corporations Act – where offsetting claim was abandoned in earlier Federal Court proceedings – whether serious question to be tried where offsetting claim not available by reason of Anshun estoppel. Legislation Cited: - Corporations Act 2001 (Cth) pt 2D div 2; ss 459G, 459H, 459H(1), 459J Cases Cited: - Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601 - Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 - Queensland Mining Corporation Ltd v Renshaw [2014] FCA 365 - Scanhill Pty Ltd v Century 21 Australasia Pty Ltd (1993) 12 ACSR 341 - Truthful Endeavour Pty Ltd v Condon [2015] FCAFC 70 Category: Principal judgment Parties: Butmall Pty Ltd (Plaintiff) Queensland Mining Corporation Ltd (First Defendant) Representation: Counsel: J T Johnson (Plaintiff) N Furlan (Defendant)
Solicitors: Beazley Boorman Lawyers (Plaintiff) Kemp Strang (Defendant) File Number(s): 2015/10262
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