In the matter of Fewin Pty Limited [2016] NSWSC 1945

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fewin Pty Limited [2016] NSWSC 1945 Hearing dates: Thursday, 1 September 2016 Date of orders: 01 September 2016 Decision date: 01 September 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Creditor's statutory demand set aside. Defendant to pay plaintiff's costs in sum of $16,500. Catchwords: CORPORATIONS – winding up – winding up in insolvency – application to set aside creditor's statutory demand – whether certificate of taxation calculated in accordance with order for costs – valid certificate binds parties – no pending application to set aside or review certificate – held, no reason to set aside demand on that ground – whether there was a judgment debt due and payable – whether purported certificate of taxation attached to demand is in fact a certificate of taxation at all – notice of filing recorded only that draft Certificate was lodged but does not record its issue by the Court – held, no certificate issued Legislation Cited: (CTH) Corporations Act 2001, s 459G (CTH) Federal Court of Australia Act 1976, s 37(1) Federal Court Rules 2011, r 2.21, r 2.23, r 2.24, r 40.20, r 40.21 Cases Cited: Douglas Aerospace Pty Limited [2015] NSWSC 167 Fitness First Australia Pty Ltd v Dubow [2011] NSWSC 531; (2011) 84 ACSR 296 NA Investment Holdings Pty Ltd v Perpetual Nominees Limited [2010] NSWCA 210; (2010) 79 ACSR 544 Category: Principal judgment Parties: Fewin Pty Limited (plaintiff) Maxwell William Prentice (defendant) Representation: Counsel: AP Cheshire SC w S Spadijer (plaintiff) J T Johnson (defendant)