CORPORATIONS – statutory demand – application to set aside under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed to suffer confusion – where issuing party subject to model litigant obligations
CORPORATIONS – statutory demand – variation to amount of demand under s 459H(4) of the Act – where variation not opposed
Related cases – creditors statutory demands
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Lifestyle Homes (ACT) Pty Ltd v Deputy Commissioner of Taxation [2024] FCA 1376
CORPORATIONS – statutory demand – application to set aside under s 459G of the Corporations Act 2001 (Cth) (‘the Act’) – where issuing party used outdated version of prescribed form – where updated form added two words – whether omission of those words from outdated form causative of substantial injustice – where receiving party claimed…
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Option Funds Management Pty Ltd as trustee for the Option Greenacre Property Fund v Li [2024] FCA 1010
CORPORATIONS – review of Registrar’s decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) – Registrar dismissed application to set aside statutory demand – hearing de novo – where application and supporting affidavit served outside the statutory period – meaning of service – application dismissed Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1010For more…
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Liberty Oil Convenience Pty Ltd v Golden Roo Company Ltd [2024] FCA 757
COSTS – Statutory demand – where defendants ultimately did not oppose the making of orders setting aside statutory demands – relevant principles regarding order for costs where there has been no hearing on the merits – where the defendants effectively surrendered or capitulated – where the plaintiff would have likely succeeded at hearing – where…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1376
For more information, see the original judgement.
