September 5, 2017
The Supreme Court, per Gardiner AsJ, dismissed an application to set aside a statutory demand in Soper Industries Pty Ltd v Toll Transport Pty Ltd [2017] VSC 524.
FACTS
Soper Industries Pty Ltd (‘Soper Industries’), applied under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) to set aside a statutory demand served on it by Toll Transport Pty Ltd (‘Toll’), on 15 March 2017 [1].
Under the demand Read the rest of this entry »
Posted in Corporations Law, Insolvency, Supreme Court of Victoria
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1 Comment »
August 28, 2017
In Ausurv Operations Pty Ltd v Swanston Joe Pty Ltd (Costs) [2017] VSC 389 Associate Justice Gardiner considered an application to set aside a statutory demand issued by a former solicitor of a company.
FACTS
On 7 March 2017 Ausurv Operations Pty Ltd (‘Ausurv’) applied to set aside a statutory demand dated 14 February 2017 served on it by Read the rest of this entry »
Posted in Corporations Law, Insolvency, Supreme Court of Victoria
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1 Comment »
August 27, 2017
Associate Justice Gardiner considered an application to set aside a statutory demand in JJ Armstrong Pty Ltd v Hamptee Pty Ltd [2017] VSC 427. The key issue was whether there had been a proper assignment of a debt.
FACTS
On 3 January 2017, the defendant (‘Hamptee’) served a statutory demand under s 459E of the Corporations Act 2001 (Cth) (‘the Act’) on the plaintiff (‘JJ Armstrong’) (‘the demand’) [1].
The demand claims that JJ Armstrong owed Hamptee $76,000. The schedule Read the rest of this entry »
Posted in Corporations Law, Insolvency, Supreme Court of Victoria
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1 Comment »
August 23, 2017
Associate Justice Randall in FF (R & D) Pty Ltd v Australian Securities and Investments Commission [2017] VSC 482 considered the principles in granting leave nunc pro tunc to proceed in a proceeding and the exercise of discretion under section 500 of the Corporations Act.
FACTS
The Plaintiff’s originating process sought :
- order pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) (‘the Corporations Act’) directing Australian Securities and Investments Commission (‘ASIC’) to reinstate the registration of Fuji Fuels Pty Ltd (In Liq).
- leave pursuant to s 471B granting leave, nunc pro tunc, to proceed under the generally endorsed writ dated 13 September 2016 and the County Court application CI-16-04119 filed on 14 September 2016.
On 6 October 2010 an explosion occurred at Fuji Fuels’ premises. The Plaintiff alleges Read the rest of this entry »
Posted in Corporations Law, Supreme Court of Victoria
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1 Comment »
July 26, 2017
The Supreme Court, per Randall AsJ, considered an application to set aside a statutory demand in Re Bendigo Central Pharmacy Pty Ltd [2017] VSC 419. The key issue was whether issues ultimately relied upon were raised in the Plaintiff’s initial affidavit, filed within 21 days of the statutory demand being served and the scope and operation of Graywinter affidavits.
FACTS
The debt relied upon in the statutory demand Read the rest of this entry »
Posted in Corporations Law, General, Insolvency, Supreme Court of Victoria
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1 Comment »
July 23, 2017
The Victorian Court of Appeal in Culve Engineering Pty Ltd v Apollo General Engineering (Aust) Pty Ltd (in liq) [2017] VSCA 182 considered the scope and operation of Rules to permit a substitution order being made.
FACTS
The third applicant, Sandra Cerrato, was the executrix of the deceased estate of her father, Rocco Cerrato who . Mr Cerrato died on 14 August 2014 [1]. Prior to and in 2010 Mr Cerrato was a director of the first applicant, Culve Engineering Pty Ltd (‘Culve Engineering’), the second applicant, Tena Denham Nominees Pty Ltd (‘Tena Denham’), and the first respondent, Apollo General Engineering (Aust) Pty Ltd (in liquidation) (‘Apollo’) [2]. Ms Cerrato was joined as a defendant to this proceeding in her capacity as executrix in substitution for her father by an order made by an associate judge on 18 September 2015. She and the other applicants unsuccessfully appealed that decision to a judge in the Trial Division [3].
Prior to 21 April 2010 Apollo carried on Read the rest of this entry »
Posted in Corporations Law, General, Insolvency, Practice and Procedure, Victorian Civil Procedure Act 2010, Victorian Court of Appeal
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1 Comment »
June 5, 2017
In Medussa Enterprises Pty Ltd v Nationwide Concrete Pumping Pty Ltd [2017] VSC 275 the Victorian Supreme Court, per Gardiner AsJ, dismissed an application to set aside a staututory demand on the basis that there was no genuine dispute.
FACTS
Medusa claimed Read the rest of this entry »
Posted in Commonwealth Legislation, Corporations Law, Insolvency, Supreme Court of Victoria
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1 Comment »
February 14, 2017
The Supreme Court, per Sifris J, heard an application under sections 233 and 461(1)(k) of the Corporations Act 2001 in Peter Exton & Anor v Extons Pty Ltd & Ors [2017] VSC 14.
FACTS
Many oppression proceedings in the Corporations List involve family run companies. Exton v Extons Pty Ltd is not unusual in this regard. The First Plaintiff, Peter, and the Sixth Defendant, Ian, are brothers. They each hold, either directly or indirectly, 50% of the shares in each of the companies that made up the Extons group. They are also directors of those companies [1].
The Extons group was commenced by Peter and Ian’s father and uncle in the 1950s, when it was started . It engages in earthworks, excavating and contracting in New South Wales and Victoria and occasionally sells machines including machines that it holds for the purposes of its contracting work [2].
Peter started Read the rest of this entry »
Posted in Corporations Law, Supreme Court of Victoria
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1 Comment »
February 5, 2017
In Gucce Holdings Pty Ltd v Bank of Queensland Limited [2017] FCA 12 the Federal Court considered whether a sale for undervalue, or at least a claim as such, was a basis for an offsetting claim (and what is required) as well as whether a special leave application was sufficient to set aside a statutory demand.
FACTS
Gucce Holdings Pty Ltd (ACN 099 191 714) filed an application, [1], with an affidavit of Tina Michelle Bazzo, director of Gucce,[2], on 29 December 2015 pursuant to s 459G of the Corporations Act 2001to set aside a statutory demand made by the Bank of Queensland Limited.
Bazzo stated that Read the rest of this entry »
Posted in Corporations Law, Federal Court, Insolvency
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1 Comment »
February 9, 2016
The Supreme Court, per Efthim As J, considered an application to set aside a statutory demand in Cato Brand Partners Pty Ltd v Air India Limited [2016] VSC 28. The issue was bringing an application against a foreign corporate body and the application of foreign law in determining the applicable statute of limitations.
FACTS
In December 2009 the plaintiff’s chairman, Kenneth Willis Cato, travelled to India in December 2009 and February, April and June 2010 for meetings with representatives of the defendant. An agreement was entered into on 2 June 2010 [3].
The plaintiff claims it was owed Read the rest of this entry »
Posted in Corporations Law, Insolvency
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1 Comment »