Gowinta Farms Pty Ltd, Re [2012] QSC 423 — Winding Up & Costs — Barrister AI
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Gowinta Farms Pty Ltd, Re
[2012] QSC 423
Supreme Court of Queensland
Good law / bad law (paid plan)
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Interrogate
Catchwords
+5 more
Corporations
›
WINDING UP
›
WINDING UP AND INSOLVENCY
›
STATUTORY DEMAND
›
APPLICATION TO SET ASIDE DEMAND
›
GENUINE DISPUTE AS TO INDEBTEDNESS
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OFFSETTING AND OTHER LIKE CLAIMS
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GENERALLY
›
where statutory demand issued by the liquidators
›
where s 459H Corporations Act application to set aside statutory demand
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where dispute about quantum of debt
›
where offsetting claims exceed sum claimed under statutory demand
›
whether statutory demand should be set aside.
Procedure
›
COSTS
›
DEPARTING FROM THE GENERAL RULE
›
ORDERS FOR COSTS ON INDEMNITY BASIS
›
where company is insolvent and under liquidators’ control
›
where there is ongoing trading between parties
›
where liquidator serves notice of statutory demand
›
whether costs should be assessed on indemnity basis.
Corporations Act 2001 (Cth), s 459
Belar Pty Ltd(in liq) v Mahaffey [1999] QCA 2; [2000] 1 Qd R 477, applied.
Case Details
Citation
[2012] QSC 423
Court
QSC
Jurisdiction
Queensland
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