In the matter of Hit & Bounce Pty Ltd [2016] NSWSC 752

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hit & Bounce Pty Ltd [2016] NSWSC 752 Hearing dates: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that creditor's statutory demand be set aside. Parties to be heard as to costs. Catchwords: CORPORATIONS — Winding up — Application to set aside creditor's statutory demand under s 459H(1)(a) of the Corporations Act 2001 (Cth) – where plaintiff contended that monies were received from defendant under an agreement for purchase of the plaintiff's shares and not by way of loan – whether genuine dispute as to existence of debt. Legislation Cited: - Corporations Act 2001 (Cth), ss 459G, 459H, 459J Cases Cited: - Britten-Norman Pty Ltd v Analysis and Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 - CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 - Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd (No 2) [2011] NSWSC 113 - Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 - Infratel Networks Pty Ltd v Gundry's Telco & Rigging Pty Ltd [2012] NSWCA 365; (2012) 92 ACSR 27 - Madagascar Australia Trading Pty Ltd v Ramsey (1998) 28 ASR 423 - Re Attard (trading under the partnership name of Colin Biggers & Paisley) [2013] NSWSC 579; (2013) 96 ACSR 581 - Re Wollongong Coal Ltd [2015] NSWSC 1680 Category: Principal judgment Parties: Hit & Bounce Pty Ltd (Plaintiff) Slat Pty Ltd as the trustee for the O'Brien Superannuation Fund (Defendant) Representation: Counsel: C A Botsman (Plaintiff) D A C Robertson/P A Horobin (Defendant)