In the matter of Antaeus Group Pty Ltd ACN 146 865 018 [2016] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Antaeus Group Pty Ltd ACN 146 865 018 [2016] NSWSC 1606 Hearing dates: 18 & 19 October 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Creditor's statutory demand dated 2 May 2016 set aside. Defendant to pay plaintiff's costs fixed in the sum of $33,000. Catchwords: PROCEDURE – late application to vacate hearing – where new relevant and material evidence received – obtaining of instructions hindered – no explanation as to why – application to set aside creditor's statutory demand only – held, insufficient ground to vacate

CORPORATIONS – winding up – setting aside creditor's statutory demand – whether s 459G application duly made within 21-day period – service of document sent by post – absent evidence to contrary, delivery presumed on fourth working day after document posted – personal service of originating process and affidavit – documents brought to attention of defendant – held, application duly made within 21-day period – whether there is genuine dispute as to existence of debt –whether there is plausible contention warranting further investigation – plainly dispute as to existence of debt – evidence provides alternative explanation – held, defendant may have arguable case for debt claimed but does not eliminate plausible contention Legislation Cited: (CTH) Corporations Act 2001, s 459G (NSW) Evidence Act 1995, s 160 (NSW) Interpretation Act 1987, s 28A (NSW) Uniform Civil Procedure Rules 2005, Part 10, r 14(3) Cases Cited: CGI Information Systems & Management Consults Pty Ltd v Apra Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 World Square Realty Pty Ltd [2013] NSWSC 307 Category: Principal judgment Parties: Antaeus Group Pty Ltd (plaintiff) Jian Guo Yuan (defendant) Representation: Counsel: K Young (plaintiff) I Leong (defendant)