In the matter of Love n Bliss Pty Limited [2011] NSWSC 1372

In the matter of Love n Bliss Pty Limited [2011] NSWSC 1372

There was no other reason to set aside the statutory demand because the plaintiff accepted the debt was a judgment debt, had not sought a stay or to set aside the judgment, and after receiving the judgment on 22 September 2011 still had time before and after service of the statutory demand to take steps to challenge...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 November 2011
Procedural Posture
Application Under S 459 G of the Corporations Act 2001 (cth) for an Order Setting Aside a Statutory Demand / First Instance Hearing in the Equity Division Corporations List
Outcome
Dismissed with costs
Legal Topics
['winding Up' 'statutory Demand' 'judgment Debt' 'application to Set Aside Statutory Demand' 'other Reason Under S 459 J(1)(b)']
['corporations Law' 'insolvency'] ['winding Up' 'statutory Demand' 'judgment Debt' 'application to Set Aside Statutory Demand' 'other Reason Under S 459 J(1)(b)']

Source-derived case record

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Procedural Posture

Application Under S 459 G of the Corporations Act 2001 (cth) for an Order Setting Aside a Statutory Demand / First Instance Hearing in the Equity Division Corporations List

Legal Issues

  1. 1 ['Whether there was some other reason under s 459J(1)(b) of the Corporations Act 2001 (Cth) why the statutory demand should be set aside.' 'Whether delayed receipt of the Local Court default judgment justified setting aside the statutory demand where no stay or application to set aside the judgment had been pursued.']

Ratio Decidendi

There was no other reason to set aside the statutory demand because the plaintiff accepted the debt was a judgment debt, had not sought a stay or to set aside the judgment, and after receiving the judgment on 22 September 2011 still had time before and after service of the statutory demand to take steps to challenge the judgment but did not do so.

Court Disposition

Dismissed with costs

Orders

  • ['The proceedings be dismissed with costs.']