In the matter of Jodegan Pty Limited [2016] NSWSC 1090

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jodegan Pty Limited [2016] NSWSC 1090 Hearing dates: 3 August 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Equity Before: Barrett AJA Decision: 1. Order that the statutory demand dated 6 April 2016 served on the plaintiff by the defendant be varied by reducing the amount thereof to $13,296.66. 2. Declare that the said statutory demand has had effect, as so varied, as from when the demand was served on the plaintiff. 3. Direct that any party seeking a costs order do, by 5pm on 17 August 2016, file by delivery to my Associate and serve on the other party the terms of the order sought and brief written submissions in support of the making of the order. 4. Direct that a party so served do, by 5pm on 24 August 2016, file by delivery to my Associate and serve on the other party such submissions on costs as that party wishes to make. 5. Reserve the question of costs for decision on the papers. Catchwords: CORPORATIONS – winding up – statutory demand – application for order setting aside – whether genuine dispute about existence of debts Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: 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; 92 ACSR 27 Marsack v Webber (1860) 6 H&N 1; 158 ER 1 Pravenkav Group Pty Ltd v Diploma Construction Pty Ltd [No 3] [ 2014] WASCA 132 Category: Principal judgment Parties: Plaintiff - Jodegan Pty Limited ACN 001625001 Defendant - Star Electrical Limited ACN 000218708 Representation: Counsel: Plaintiff – Mr D Currie Defendant – Mr FP Hicks