Australian Securities and Investments Commission v Eastlands Pty Ltd ACN 009 349 053 (No 1) [2006] FCA 1101

The affidavit sufficiently verified the debt for purposes of s 459Q by formally affirming the indebtedness based on examination of company records. There was no requirement of further detail or evidential foundation beyond formal affirmation; thus, the motion to strike out was dismissed.

Jurisdiction: Australia
Judgment Date: 16 August 2006
Procedural Posture: Corporations Winding Up Application / Interlocutory Motion to Strike Out Application; Reasons for Judgment on Motion
Outcome: Motion to strike out winding up application dismissed.
Legal Topics: ['winding Up Application' 'insolvency' 'statutory Demand' 'affidavit Verification' 'section 459 Q Corporations Act 2001']

['corporations Law' 'insolvency'] ['winding Up Application' 'insolvency' 'statutory Demand' 'affidavit Verification' 'section 459 Q Corporations Act 2001']

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Procedural Posture

Corporations Winding Up Application / Interlocutory Motion to Strike Out Application; Reasons for Judgment on Motion

Legal Issues

1 ['Whether the affidavit verifying debts supporting a winding up application under s 459Q was sufficient.' 'Whether the application was invalid due to non-compliance with s 459Q Corporations Act 2001.']

Ratio Decidendi

Court Disposition

Motion to strike out winding up application dismissed.

Orders

['The motion to strike out the application be dismissed.' "Mr NP Carey pay the applicant's costs of the motion."]