Isaco Pty Ltd v Davey [2003] NSWSC 1043

Isaco Pty Ltd v Davey [2003] NSWSC 1043

A composite application filed by multiple companies to set aside separate statutory demands arising from a joint and several debt satisfies the requirements of s.459G as long as each company's application can be read distributively and procedural defects relating to joinder do not warrant dismissal under s.467A.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 November 2003
Procedural Posture
Application to Set Aside Statutory Demands / Preliminary Determination on Constitution of Application Under S.459 G
Outcome
Constitution of application under s.459G upheld; short minutes to be brought in
Legal Topics
['statutory Demands' 'winding Up' 'joint and Several Liability' 'procedural Requirements Under S.459 G']
['corporations Law'] ['statutory Demands' 'winding Up' 'joint and Several Liability' 'procedural Requirements Under S.459 G']

Source-derived case record

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Procedural Posture

Application to Set Aside Statutory Demands / Preliminary Determination on Constitution of Application Under S.459 G

Legal Issues

  1. 1 ['Whether a composite application by multiple companies to set aside separate statutory demands arising from a joint and several debt complies with s.459G of the Corporations Act 2001 (Cth)']

Ratio Decidendi

A composite application filed by multiple companies to set aside separate statutory demands arising from a joint and several debt satisfies the requirements of s.459G as long as each company's application can be read distributively and procedural defects relating to joinder do not warrant dismissal under s.467A.

Court Disposition

Constitution of application under s.459G upheld; short minutes to be brought in

Orders

  • []