In the matter of Yuan Tong Investments Pty Ltd [2017] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Yuan Tong Investments Pty Ltd [2017] NSWSC 910 Hearing dates: 3 February 2017 Decision date: 03 February 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Dismiss the application for leave under s 459S of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS — Winding up — Grounds for winding up – Application under s 459S of the Corporations Act 2001 (Cth) for leave to oppose winding up application on ground not relied on in application to set aside statutory demand – where Applicant alleges that debt is genuinely disputed – where Applicant's solvency depends on support from associated persons and entities – whether ground material to proving solvency of company Legislation Cited: - Corporations Act 2001 (Cth), Pt 5.4, ss 459G, 459J, 459S - Supreme Court (Corporations) Rules 1999 (NSW), rr 2.5, 5.2 Cases Cited: - Chief Commissioner of Stamp Duties v Paliflex Pty Ltd [1999] NSWSC 15; (1999) 140 FLR 179 - Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd (No 2) [2011] NSWSC 113 - Hanson Construction Materials Pty Ltd v FEC Civil Pty Ltd [2009] NSWSC 161 - Perpetual Nominee Limited v NA Investment Holdings Pty Ltd [2011] NSWSC 282 - Re Pioneer Cryogenics Pty Ltd [2015] NSWSC 1202; (2015) 108 ACSR 461 - Re Vangory Holdings Pty Ltd [2015] NSWSC 546 - Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661; 33 ACSR 723 Category: Procedural and other rulings Parties: Radcliffe Lane Pty Limited (Plaintiff) Yuan Tong Investments Pty Ltd (Defendant) Representation: Counsel: P Afshar (Plaintiff) H El-Hage (Defendant)