Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134

Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd [2018] FCA 1134

Skyroad Logistics adduced sufficient evidence, particularly through its expert Mr Dinoris, to establish that the disputed debt is material to the company's solvency under the narrow test. Therefore, leave should be granted under s 459S to oppose the winding up application on the ground that it disputes the debt...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Corporations – Interlocutory Application for Leave to Oppose Winding Up / Application for Leave Under S 459 S of the Corporations Act 2001 (cth)
Outcome
Leave granted to the defendant to oppose the plaintiff's winding-up application on the ground that the debt in the statutory demand is disputed.
Legal Topics
['statutory Demand' 'winding Up Application' 'solvency' 'materiality Requirement Under S 459 S' 'setting Aside Statutory Demands']
['corporations Law'] ['statutory Demand' 'winding Up Application' 'solvency' 'materiality Requirement Under S 459 S' 'setting Aside Statutory Demands']

Source-derived case record

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Procedural Posture

Corporations – Interlocutory Application for Leave to Oppose Winding Up / Application for Leave Under S 459 S of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether leave should be granted under s 459S of the Corporations Act 2001 (Cth) to oppose winding up on the ground of a disputed debt in the statutory demand' "Whether the disputed debt is material to proving the company's solvency"]

Ratio Decidendi

Skyroad Logistics adduced sufficient evidence, particularly through its expert Mr Dinoris, to establish that the disputed debt is material to the company's solvency under the narrow test. Therefore, leave should be granted under s 459S to oppose the winding up application on the ground that it disputes the debt claimed in the statutory demand.

Court Disposition

Leave granted to the defendant to oppose the plaintiff's winding-up application on the ground that the debt in the statutory demand is disputed.

Orders

  • ["Leave is granted pursuant to s 459S(1)(b) of the Corporations Act 2001 (Cth) to the defendant to oppose the plaintiff's winding-up application on the ground that the defendant disputes the debt in the statutory demand attached to the originating process." 'Costs of the application for leave be costs in the cause.'...