In the matter of JKAM Investments Pty Limited [2015] NSWSC 2032

Supreme Court New South Wales

Medium Neutral Citation: In the matter of JKAM Investments Pty Limited [2015] NSWSC 2032 Hearing dates: 16 November 2015 Decision date: 16 November 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Plaintiff's Originating Process filed 11 September 2015 be dismissed. The Plaintiff to pay the costs of the application. Catchwords: CORPORATIONS — Winding up — Application to set aside creditor's statutory demand under Corporations Act 2001 (Cth), ss 459H and 459J – where documents in affidavits were out of order - where affidavit verifying statutory demand incorrectly stated that no proceedings had been commenced in respect of the debt – where Plaintiff's alleged the underlying judgment creating the debt was obtained by fraud – whether there is defect in statutory demand – whether there is some other reason demand should be set aside. Legislation Cited: - Corporations Act 2001 (Cth), ss 459G, 459H and 459J - Uniform Civil Procedure Rules 2005 (NSW), r 36.15 Cases Cited: - Adamopoulos v Olympic Airways SA (1990) 95 ALR 525 - Cranney Farm Pty Limited v Corowa Fertilizers Pty Limited [2011] NSWSC 9 - Handberg v MIG Property Services Pty Limited [2012] VSCA 126 - McDonald v McDonald [1965] HCA 45; (1965) 113 CLR 529 - Portrait Express (Sales) Pty Limited v Kodak (Australasia) Pty Limited (1996) 20 ACSR 746 - Re Amy Holdings Pty Ltd; Re Land Enviro Corp Pty Ltd [2014] NSWSC 1176 - Re DCT Projects Pty Limited [2015] NSWSC 1696 - Re Wan Ze Property Development (Aust) Pty Limited (in liq) [2013] NSWSC 189 - Timberland Property Holdings Pty Ltd v Schindler Lifts Australia Pty Ltd [2011] NSWSC 466 - Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: JKAM Investments Pty Ltd (Plaintiff) Champion Homes Sales Pty Ltd (Defendant) Representation: Counsel: G D McDonald (Plaintiff) C Stomo (Defendant)