2 Jul 2019
The application to set aside the statutory demand was dismissed because the applicant failed to establish a reasonably arguable substantial dispute or counterclaim; the Deloitte audit, to which the applicant agreed to be bound, credibly established the levies owing and the applicant's affidavits contained only unsupported general assertions.
26 Nov 2018
Given the Official Assignee's disclaimer and the Crown holding beneficial ownership while substantial levies remain unpaid and are likely to increase, and because the Crown does not oppose vesting and the former owners have not opposed, it was appropriate to vest unit 159 in Body Corporate 447594 under s119 so the body corporate can sell the unit and apply the proceeds to outstanding levies; orders were to lie in Court until 21 January 2019 to allow any opposition to be filed.
29 Mar 2018
The application for extension of time was refused because York failed to provide a satisfactory explanation for delay, did not establish a reasonably arguable defence or counterclaim to the Body Corporate's claim (in particular the unpaid special maintenance levy), and the payment into the defendant's solicitors' trust account rather than to the Body Corporate, together with York's conduct and history of delays, demonstrated inability or refusal to pay debts as they fall due; overall justice required refusal and listing of the liquidation claim for hearing undefended.