In the matter of Domicgra Trading Pty Ltd [2015] NSWSC 1918

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Domicgra Trading Pty Ltd [2015] NSWSC 1918 Hearing dates: 11 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Equity - Corporations List Before: Robb J Decision: (1) Order pursuant to section 459H(1)(a) of the Corporations Act 2001 (Cth) setting aside the statutory demand served by the defendant on the plaintiff on 21 August 2015 and dated 20 August 2015.

(2) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: CORPORATIONS – winding up – statutory demand – application for order setting aside – whether genuine dispute as to existence of the debt – whether due to defect in statutory demand, substantial injustice will be caused unless the demand is set aside – whether the debt the subject of the statutory demand arose under a contract between the plaintiff and the defendant or between another company, controlled by the same persons as the plaintiff, and the defendant – on the evidence the plaintiff was probably not party to the contract –genuine dispute regarding existence of the debt – debt claimed by defendant in statutory demand not misdescribed – no defect in statutory demand – statutory demand set aside because of genuine dispute as to the existence of the debt Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Blayney Wholesale Foods Pty Ltd v Bis Cleanaway Ltd [2008] NSWSC 1146 Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Category: Principal judgment Parties: Domicgra Trading (plaintiff) M & J Holdings (NSW) Pty Ltd (defendant) Representation: Counsel: P Folino-Gallo (plaintiff) T Bors (defendant)