NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Australian Institute of Fitness (VIC & TAS) [2016] NSWSC 1143 Hearing dates: 16 August 2016 Decision date: 16 August 2016 Jurisdiction: Equity Before: Barrett AJA Decision: (1) The notice of motion filed by Australian Institute (Vic & Tas) Pty Ltd on 3 June 2016 in proceedings 2014/300068 is dismissed; (2) The originating process filed by Australian Institute (Vic & Tas) Pty Ltd on 25 May 2016 in proceedings 2016/160755 is dismissed. (3) Australian Institute (Vic & Tas) Pty Ltd pay the costs of Australian Institute of Fitness Pty Ltd of each of the applications determined by me today. Catchwords: JUDGMENT AND ORDERS – gross sum costs order made – application by judgment debtor for instalment order – relevant considerations discussed – onus not discharged by applicant
CORPORATIONS – winding up – statutory demand – application for order setting aside – where creditor owes debtor a larger sum in respect of shareholder loans which will become due and payable only if and when creditor decides to pay – whether existence of such debt constitutes "some other reason" within s 459J(1)(b). Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 334; 85 NSWLR 601 Chint Australasia Pty Ltd v Cosmoluce Pty Ltd [2008] NSWSC 1054 Davidson v Greedy [2012] VSC 202 Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund [1996] FCA 822; 70 FCR 452 Hellier Capital Pty Ltd v Albarran [2009] NSWSC 403 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd [2014] NSWCA 262 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd [1977] FCA 681; 76 FCR 452 Tatlers.com.au Pty Ltd v Davis [2006] NSWSC 1055; 203 FLR 473 Category: Principal judgment Parties: Proceedings 2014/300068 (P) Australian Institute (Vic & Tas) Pty Ltd ACN 092 728 937 (D1) Australian Institute of Fitness Pty Limited ACN 098 156 471
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