PJM Financial Services Pty Ltd v Citigroup Global Markets Australia Pty Ltd; PJKLM Holdings Pty Ltd v Citigroup Global Markets Australia Pty Ltd

[2008] NSWSC 547

CITATION:	PJM Financial Services Pty Ltd v Citigroup Global Markets Australia Pty Ltd; PJKLM Holdings Pty Ltd v Citigroup Global Markets Australia Pty Ltd [2008] NSWSC 547
HEARING DATE(S):	28/05/08
JUDGMENT DATE :	4 June 2008
JURISDICTION:	Equity Division Corporations List
JUDGMENT OF:	Barrett J
DECISION:	In each case, originating process dismissed with costs
CATCHWORDS:	CORPORATIONS - winding up - statutory demand - application for order setting aside - whether genuine dispute as to existence or amount of debt - turns on own facts - no matter of principle
LEGISLATION CITED:	Corporations Act 2001 (Cth), s 459G
CATEGORY:	Principal judgment
PARTIES:	(1) PJM Financial Services Pty Limited - Plaintiff Citigroup Global Markets Australia Pty Limited - Defendant (2) PJKLM Holdings Pty Limited - Plaintiff Citigroup Global Markets Australia Pty Limited - Defendant
FILE NUMBER(S):	SC (1) 1521/08; (2) 1522/08
COUNSEL:	Mr D E Grieve QC/Mr R M Higgins - Plaintiff Mr M A Pembroke SC/Mr S E Gray - Defendant
SOLICITORS:	RBHM Commercial Lawyers - Plaintiff HWL Ebsworth Lawyers - Defendant

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
CORPORATIONS LIST

BARRETT J

WEDNESDAY 4 JUNE 2008

1521/08 PJM FINANCIAL SERVICES PTY LIMITED v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED

1522/08 PJKLM HOLDINGS PTY LIMITED v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED

JUDGMENT

1 In each of these proceedings, the plaintiff applies under s 459G of the Corporations Act 2001 (Cth) for an order setting aside a statutory demand served on it by the defendant.

2 It was accepted by the parties in each case that the decision in Clawson Holdings Pty Ltd v Citigroup Global Markets Australia Pty Ltd [2008] NSWSC 537 would govern.

3 In each of 1521/08 and 1522/08, therefore, it is ordered that the proceedings be dismissed with costs.

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