In the matter of Aerodrive Australia Pty Limited [2019] NSWSC 1901

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Aerodrive Australia Pty Limited [2019] NSWSC 1901 Hearing dates: 27 November 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to the Plaintiff to continue these proceedings under s 440D of the Corporations Act 2001 (Cth). Orders made varying creditor's statutory demand in specified manner. Catchwords: CORPORATIONS – application for leave to continue proceedings against company in administration – where neither administrators nor receiver have provided consent to continue proceedings – where proceedings challenge the status of creditor's statutory demand served by company now in administration and receivership – whether such leave should be granted.

CORPORATIONS – application to set aside creditor's statutory demand – where some amounts claimed in demand referenced to invoiced amounts – where amounts claimed pursuant to invoices issued differed from invoiced amounts – where plaintiff admits amounts of outstanding invoices – where other amounts claimed in respect of fees and insurance excesses – where right to claim for amounts relating to fees and insurance excesses not identified – whether there is a genuine dispute as to the amounts claimed in the demand – whether demand should be varied or set aside. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.4; ss 440D, 440D(1)(b), 459H, 459H(4), 459J, 459J(1)(b) Cases Cited: - Greenaways Australia Pty Limited v CBC Management Pty Limited [2004] NSWSC 1186 - Re Morris Catering (Australia) Pty Limited (1993) 11 ACSR 601 - Re Tetbury Pty Limited [2017] NSWSC 37 Category: Principal judgment Parties: Aerodrive Australia Pty Limited (Plaintiff) PJM Fleet Management Pty Ltd (rec and mgr apptd) (admins apptd) (Defendant) Representation: Counsel: C McMeniman (Plaintiff)