In the matter of Williamson Building Corporation Pty Limited [2015] NSWSC 2019

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Williamson Building Corporation Pty Limited [2015] NSWSC 2019 Hearing dates: 16 March 2015 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Equity Before: Brereton J Decision: Interlocutory process for substitution and originating process dismissed. Catchwords: CORPORATIONS – winding up – winding up in insolvency – failure to comply with creditor's statutory demand – application for substitution – where existence of debt is disputed – onus of demonstrating status of debt on application for substitution – whether applicant has standing as creditor – effect of (NSW) Building and Construction Industry Security of Payment Act 1999 on status of debt – whether debt arising from unanswered payment claim may be disputed – if not, when such debt arises. Legislation Cited: (Cth) Corporations Act 2001, s 459G, s 465B (NSW) Building and Construction Industry Security of Payment Act 1999, s 7(2), s 11(1A), s 14(1) Cases Cited: In the matter of Aquaqueen International Pty Ltd [2014] NSWSC 527 Aldoga Aluminium Pty Limited v De Silva Starr Pty Limited [2005] NSWSC 284 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (2011) 244 CLR 1 Beverage Holdings Pty Ltd v Greater Pacific Investments Pty Ltd (1990) 3 ACSR 743 Bidald Consultant Pty Ltd v Miles Special Builders Pty Ltd (2005) 54 ACSR 228 In the matter of C2C Investments Pty Ltd [2012] NSWSC 1443 Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd [2008] HCA 41; (2008) 237 CLR 473 Deputy Commissioner of Taxation v Sun Heating Pty Ltd [1983] 2 NSWLR 78; (1983) 9 ACLR 314 Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd [2014] WASCA 91 In the matter of Douglas Aerospace Pty Ltd [2015] NSWSC 167 Earthwave Corporation Pty Ltd v Starcom Group Pty Ltd [2011] NSWSC 694 Category: Principal judgment Parties: Riche Corp Pty Limited (plaintiff) Williamson Building Corporation Pty Ltd (defendant) Xanvic Pty Limited (applicant) Representation: Counsel: M Condon SC (plaintiff and applicant) F Assaf (defendant)