Remo Constructions Pty Ltd v Dualcorp Pty Ltd [2008] NSWSC 1172

Remo Constructions Pty Ltd v Dualcorp Pty Ltd [2008] NSWSC 1172

A single originating process may seek relief in respect of multiple statutory demands from the same creditor if separate claims are made for each demand, each application is within the time limit for that demand, and the supporting affidavit properly supports both applications; procedural rules allow joinder of such claims, and there is no abstract rule forbidding multiple demands in one originating process.

Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Application to Set Aside Statutory Demands / Interlocutory Ruling on Procedural Regularity
Outcome
Plaintiff's applications under s 459G are regular and can proceed; hearing to continue.
Legal Topics
['statutory Demands' 'winding Up' 'offsetting Claim' 'joinder of Claims' 'procedural Compliance']
['corporations Law' 'civil Procedure'] ['statutory Demands' 'winding Up' 'offsetting Claim' 'joinder of Claims' 'procedural Compliance']

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Procedural Posture

Application to Set Aside Statutory Demands / Interlocutory Ruling on Procedural Regularity

Legal Issues

  1. 1 ['Whether a single originating process can validly seek to set aside multiple statutory demands from the same creditor under s 459G of the Corporations Act 2001 (Cth)' 'Whether procedural issues concerning the supporting affidavit prevent the applications from proceeding']

Ratio Decidendi

A single originating process may seek relief in respect of multiple statutory demands from the same creditor if separate claims are made for each demand, each application is within the time limit for that demand, and the supporting affidavit properly supports both applications; procedural rules allow joinder of such claims, and there is no abstract rule forbidding multiple demands in one originating process.

Court Disposition

Plaintiff's applications under s 459G are regular and can proceed; hearing to continue.

Orders

  • ['The hearing may continue accordingly.']