Legal Research
Cases
AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2)

AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2)

Case [2019] VSC 753

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2) [2019] VSC 753
Case: [2019] VSC 753
Decision Date: 19 November 2019

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2) [2019] VSC 753

Most Recent Citation

Merrion B Pty Ltd v Donchoid Pty Ltd (No 2) [2020] VSC 566

Cases Citing This Decision

Mutton v Living Australia Pty Ltd, in the matter of Living Australia Pty Ltd [2020] FCA 739
Citation 1 (Para 3)

…In AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2) [2019] VSC 753, Efthim AsJ took a different view holding that, in light of the decision in ASIC v Lanepoint referred to earlier, the lack of actual opportunity to seek the setting aside of the statutory demand did not relieve the company of the obligation to…
Re Mu Meeting Point Pty Ltd [2022] VSC 728
Citation 2

…t Pty Ltd v Altus Development Pty Ltd (No 2) [2019] VSC 450, [30]–[31] (Efthim AsJ); AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2) [2019] VSC 753, [38] (Efthim AsJ).…
Merrion B Pty Ltd v Donchoid Pty Ltd (No 2) [2020] VSC 566
Citation 3

…ed the view his Honour had earlier set out in Zeninvest ,[47] in relation to a scenario where there is a genuine dispute:[48] [47][2019] VSC 450. [48][2019] VSC 753 [38] (Efthim AsJ) (‘ AXF Entertainment ’). It is the principle applied by the Court in winding up proceedings brought under the former legislation wh…

Cases Cited

Statutory Material Cited

Re Tomic Industries Pty Ltd [2012] NSWSC 1478
Citation 1 (Para 1)

…f collection of mail addressed to his practice. He maintained a mail register for the practice, which was used to carry out the sorting process. [4][2012] NSWSC 1478.…
Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd [2011] HCA 18
Citation 2

…[13] Australia Securities and Investments Commissions v Lanepoint Enterprises Pty Ltd (2011) 244 CLR 1; 85 ALJR 654; [2011] HCA 18 at [30], [33], [52].…
Partners of Piper Alderman v Sharjade Pty Ltd [2011] NSWSC 6
Citation 3

…[24]Ibid 374 [21] (Ashley JA). [25][2011] NSWSC 6 [15] (Barrett J). Another relevant principle, however, is that stated with Basten JA with whom Ipp JA agreed in Deputy Commissioner of Taxation v Meredith (2007) NSWCA 354 ; (2007) 229 FLR 243. His Honour was discussing s 29 of the Acts Interpretation Act 1901 (Co…
von Risefer v Mainfreight International Pty Ltd [2009] VSCA 179
Citation 4

…f a document. In von Risefer v Mainfreight International Pty Ltd (von Risefer) the Court of Appeal (Ashley JA and Beach AJA agreeing) said:[23] [23](2009) 25 VR 366, 373 [21] (Ashely JA). It is important that a party wishing to serve a document on a company be able to rely upon details of the company’s registered o…
Willard King Organisation (1978) Pty Ltd v CT Franchises Pty Ltd [2009] NSWSC 97
Citation 5 (Para 1)

…e defendant from arguing that a statutory demand was defective. No evidence of solvency was required to invoke the operation of s 459S of the Act. [3][2009] NSWSC 97.…
Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd [2008] FCA 1777
Citation 6 (Para 1)

…ciple was approved in Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd (‘ Grant Thornton Services ’).[2] [2][2008] FCA 1777.…
Deputy Commissioner of Taxation v Meredith [2007] NSWCA 354
Citation 7

…r relevant principle, however, is that stated with Basten JA with whom Ipp JA agreed in Deputy Commissioner of Taxation v Meredith (2007) NSWCA 354 ; (2007) 229 FLR 243. His Honour was discussing s 29 of the Acts Interpretation Act 1901 (Commonwealth), which is in relevant respects the same as s 109X(1)(a) of the Cor…
Perpetual Nominees Ltd v Masri Apartments Pty Ltd [2004] NSWSC 551
Citation 8

…applied when defendant had no knowledge of service of the statutory demand – Principle in Perpetual Nominees Ltd v Masri Apartments Pty Ltd (2004) 49 ACSR 719 no longer applies due to Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd [2011] 244 CLR 1.…
Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37
Citation 9

…avid Grant & Co Pty Ltd v Westpac Banking Corp (1995) 184 CLR 265 ; 131 ALR 353 ; 18 ACSR 225 and by Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 ; 33 ACSR 723 . The legislative policy is that the provisions relating to the setting aside of a statutory demand are to be a complete code for the r…
David Grant & Co Pty Ltd v Westpac Banking Corporation [1995] HCA 43
Citation 10

…the legislative policy standing behind the section, as explained by Gummow J in David Grant & Co Pty Ltd v Westpac Banking Corp (1995) 184 CLR 265 ; 131 ALR 353 ; 18 ACSR 225 and by Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 ; 33 ACSR 723 . The legislative policy is that the provisio…
Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund [1996] FCA 822
Citation 11

…ntradict or undermine the legislative policy standing behind the section, as explained by Gummow J in David Grant & Co Pty Ltd v Westpac Banking Corp (1995) 184 CLR 265 ; 131 ALR 353 ; 18 ACSR 225 and by Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 ; 33 ACSR 723 . The legislative policy is tha…
Re AXF Group [2019] VSC 671
Citation 12 (Para 1)

…he decision by Sifris J regarding the appeal from the decision that the defendant had been served with the statutory demand.[22] His Honour said: [22][2019] VSC 671.…

AI Chat coming soon