In the matter of The Oak Hotel Cessnock Pty Limited [2019] NSWSC 354

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Oak Hotel Cessnock Pty Limited [2019] NSWSC 354 Hearing dates: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: The adjournment application is dismissed and the application to set aside the Demand be dismissed.

The Plaintiff pay the Defendant's costs of the proceedings, as agreed or as assessed. Catchwords: CIVIL PROCEDURE – hearings – application for adjournment – where adjournment of hearing is sought to identify additional grounds to set aside creditor's statutory demand – where plaintiffs are suffering health difficulties – where plaintiffs are not required to provide additional evidence or for cross-examination – whether hearing should be adjourned.

CORPORATIONS – application to set aside a creditor's statutory demand – where plaintiff concedes there are no arguments in support of the application – whether creditor's statutory demand should be set aside under s 459G of the Corporations Act 2001 (Cth). Legislation Cited: - Civil Procedure Act 2005 (NSW) ss 56-58 - Corporations Act 2001 (Cth) s 459G Cases Cited: - Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 Re Elsmore Resources Ltd [2016] NSWSC 884 Category: Principal judgment Parties: The Oak Hotel Cessnock Pty Limited (Plaintiff) Deputy Commissioner of Taxation (Defendant) Representation: Counsel: R Raffell (Plaintiff) K Metlej (Solicitor) (Defendant)