In the matter of Roar Equipment Pty Ltd
[2025] NSWSC 715
Para 24
…ch, and is often associated with the decisions in Switz Pty Ltd v Glowbind Pty Ltd; Glowbind Pty Ltd v Switz Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 at [53]-[56] and Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd [2008] FCA 1777 at [19]-[21]. In Switz v Glowbind , Spigelman C…
In the matter of Doughkyo Leasing Pty Ltd
[2025] NSWSC 676
Para 55
…be solvent if the debt is not owed. The former is described as the “the strict approach” of Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 at [53]-[56] while the latter has been described as the “broader approach” and is often associated with the decision of White J in Ewen Stewart & Associa…
Linecrest Pty Ltd v Makekadi Mining Services (NT) Pty Ltd
[2025] WASC 253
Para 13
…justices that may be caused by the continued trading of such companies: see David Grant at 279; Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 at [50]. Further, the provisions of s 459S, which confer on a court the power to grant leave to raise matters which could have been raised in an appl…
In the matter of Brookhollow Investments Pty Limited
[2025] NSWSC 495
Para 23
…to proving whether the debtor is solvent, with reference to the Court of Appeal’s approach in Switz Pty Ltd v Glowbind Pty Ltd [2000] 48 NSWLR 661; [2000] NSWCA 37. Here, as in many cases, it is not necessary to distinguish between the two approaches. Mr McDonald rightly accepts that, as matters stand, Brookhollow…
In the matter of Kong & Kong Property Investment Pty Limited
[2025] NSWSC 290
Para 25
…The decision of the Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 is considered the origin of the “strict” approach. In that case, Spigelman CJ (with whom Handley and Giles JJA agreed) observed (at [53]–[56]) that:…
Re Plexbuild Pty Ltd
[2025] VSC 158
Para 10
…711, [6] (Meagher, Handley and Santow JJA) (‘ Expile v Jabbs ’). [103](2018) 130 ACSR 412, 418 [32] (McColl, Meagher and Leeming JJA). [104](2000) 48 NSWLR 661. [105]Ibid 674 [55] (Spigelman CJ).…
Blackmore v G&A Blackmore Pty Ltd
[2024] NSWPIC 190
Para 5
…ily. There is no surprise. For this reason, leave to amend the date of injury is granted. [4] State Rail Authority of New South Wales v Reodica [2000] NSWCA 37, 20 December 2000.…
In the matter of One Mastery Developments Pty Ltd
[2023] NSWSC 980
Para 8
…on the first and second matters referred to above. 4. Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; (2000) 155 FLR 282; (2000) 33 ACSR 723; [2000] NSWCA 37 at [53]-[56] (Spigelman CJ, Handley and Giles JJA agreeing); Hanson Construction Materials Pty Ltd v FEC Civil Pty Ltd [2009] NSWSC 161 at [28] (Barret…
Westgem Investments Pty Ltd v Commonwealth Bank of Australia Ltd
[2022] WASCA 132
…apacity as liquidator of Sydney Appliances Pty Ltd (in liq)) v Eurolinx Pty Ltd [2001] NSWSC 230; (2001) 37 ACSR 477 Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 Technical Products Pty Ltd v State Government Insurance Office (Qld) [1989] HCA 24; (1989) 167 CLR 45 Technomin Australia Pty Lt…
Rhodes v My Two Boys (Aust) Pty Ltd
[2022] WASC 175
Para 6
…to fund repayment of the true shortterm liabilities, render entirely apposite the observation of Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 at 674 [55]: 'The process of proving solvency is not some kind of forensic game. Solvency is a matter peculiarly within the knowledge of the company. The…
Re Slodyczka & Farren Pty Ltd
[2022] VSC 19
Para 1
…ade Pty Ltd v Splash Bay Pty Ltd (No 2) (2017) 247 FCR 519, 543 [101] (Markovic J). Chief Justice Spigelman in Switz Pty Ltd v Glowbind Pty Ltd (2000) 33 ACSR 723, 736 [65] (‘ Switz v Glowblind ’) also described the provision as representing a ‘safety net’, adopting the earlier characterisation used by Hayne J (as hi…
Vercoe v Hammond Care
[2022] NSWPIC 15
Para 3
…es, is not a tribunal of strict pleading. The case law makes that perfectly clear: see for example, State Rail Authority of New South Wales v Reodica [2000] NSWCA 37, 20 December 2000.…
Merrion B Pty Ltd v Donchoid Pty Ltd (No 2)
[2020] VSC 566
…aterial to finding solvency’, but rather that the ground is ‘material to proving solvency’.[76] Spiegelman CJ said:[77] [76](2000) 33 ACSR 723, 733 [43] (Spiegelman CJ). [77]Ibid 735 [54] and [56]. If, as here, the company intends to prove that it is solvent whether or not a debt is payable, then with respect to a gr…
Re Empire Plant Hire Pty Ltd (ACN 626 953 580)
[2020] VSC 530
Para 1
…d. Even if leave was granted, I doubt on the evidence that I have before me that there is a genuine dispute. [12]See Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37.…
AXF Entertainment Pty Ltd v AXF Group Pty Ltd (No 2)
[2019] VSC 753
…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…
Queensland Phosphate Pty Ltd v Korda [No 2]
[2019] VSCA 215
Para 1
…low. [31] Re Timbatec Pty Ltd (1974) 24 FLR 30, 36–7 (‘ Timbatec ’); Rees v Bank of New South Wales (1964) 111 CLR 210, 218 (‘ Rees ’); Switz Pty Ltd v Glowbind Pty Ltd (2000) 18 ACLC 343, 347–8 [39]–[40] (‘ Switz ’). See also Hall (2007) 215 FLR 243, 286–7 [189]–[195]. Cf Re Adnot Pty Ltd (1982) 7 ACLR 212, 217 (‘ Adnot ’); Jingellic Mi…
In the matter of Wise & Young Pty Ltd; In the matter of Wyse Partners Pty Ltd; In the matter of Wolgan Consulting Pty Ltd; In the matter of Defined Property Group Pty Ltd
[2019] NSWSC 1092
…2 Menzies v Paccar Financial Pty Ltd (No 4) (2014) 101 ACSR 25; [2014] NSWCA 210 Singh v Deputy Commissioner of Taxation [2011] FCA 889 Switz Pty Limited v Glowbind Pty Limited (2000) 48 NSWLR 661; [2000] NSWCA 37 Thornberry v The Queen (1995) 69 ALJR 777 Category: Procedural and other rulings Parties: In each proceeding: Commissioner of Fines A…
Zeninvest Pty Ltd v Altus Development Pty Ltd
[2019] VSC 363
…[2][2000] NSWCA 37.…
Re Legend International Holdings Inc (in liq)
[2018] VSC 789
…[67](2000) 48 NSWLR 661.…
Chief Commissioner of State Revenue v Boss Constructions (NSW) Pty Ltd
[2018] NSWCA 270
Para 28
…justices that may be caused by the continued trading of such companies: see David Grant at 279; Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37 at [50]. Further, the provisions of s 459S, which confer on a court the power to grant leave to raise matters which could have been raised in an appl…
Wang v ABC Homes (NSW) Pty Ltd
[2018] NSWSC 1624
Para 31
…FCA 1777, referred to below. In turn, Perram J relied on the decision of the Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37. In that case, the defendant company applied under s 459S to contend that the debt the subject of the statutory demand was genuinely in dispute. The…
A G Coombs Pty Ltd v M & v Consultants Pty Ltd (in liq)
[2018] VSC 468
…[19](2000) 48 NSWLR 661, at 674 [55]–[56].…
Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd
[2018] FCA 1134
Para 4
…There is a helpful discussion of relevant principles in cases such as Switz Pty Ltd v Glowbind Pty Ltd (2000) 155 FLR 282; Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd [2008] FCA 1777 ( Grant Thornton ); In the matter of Vangory Holdings Pty Ltd [2015] NSWSC 546 ( Vangory Holdings…
In the matter of LCC F&B Pty Ltd
[2018] NSWSC 1202
Para 24
…Third, as to the test for solvency (which is as set out in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661; [2000] NSWCA 37, which is said to be usually seen as the origin of the “strict or narrow” approach to solvency).…
In the matter of Yuan Tong Investments Pty Ltd
[2017] NSWSC 910
Para 12
…irrespective of whether the debt is due, so the status of that debt is not determinative of the company's solvency: Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661; 33 ACSR 723. In that case, Spigelman CJ (with whom Handley and Giles JJA agreed) summarised the materiality required in s 459S…
Austruct Group Pty Ltd v Bluenergy Engineering (Australia) Pty Ltd
[2017] WASC 10
Para 2
…Pegasus Capital Management Pty Ltd [2011] NSWSC 570 [6] . [3] Re Vangory Holdings Pty Ltd [10]; citing with approval Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661; and Perpetual Nominee Ltd v NA Investment Holdings Pty Ltd [34]. The approach was adopted by Master Sanderson in Robowash Pty L…
Gillion Pty Limited (Trustee) v Wet Fix Holdings Pty Limited
[2016] FCA 1424
Para 5
…an application under s 459G of the Corporations Act, rather than at the time of the winding up application: Switz Pty Ltd v Glowbind Pty Ltd [[2000] NSWCA 37; (2000) 48 NSWLR 661]; Perpetual Nominees Ltd v NA Investment Holdings Pty Ltd [[2011] NSWSC 282] at [34].…
MNWA Pty Ltd v Deputy Commissioner of Taxation (No 2)
[2015] FCA 1128
Para 21
…. Both Gummow J in David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 and Spigelman CJ in Switz Pty Limited v Glowbind Pty Ltd (2000) 48 NSWLR 661 referred to aspects of the harsh operation of the statutory provisions. As their Honours noted, these are deliberate aspects of the statutory intenti…
In the matter of ACN 151 738 135 Pty Limited
[2015] NSWSC 1216
Para 11
…from time to time, and the different views taken as to the application of the Court of Appeal's judgment in Switz Pty Limited v Glowbind Pty Limited [2000] NSWCA 37; (2000) 48 NSWLR 661. It is not necessary to address that controversy in this application, nor is it necessary to summarise the legal principles at a…
In the matter of Pioneer Cryogenics Pty Ltd
[2015] NSWSC 1202
Para 15
…uestion which involves difficult issues of law and fact. Analysis must start with the decision of Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661, which is usually seen as the origin of what is described as a "strict" or narrow" approach to that question. Spigelman CJ (with…
Re Vangory Holdings Pty Ltd
[2015] NSWSC 546
Para 4
…e application heard prior to the hearing of an application to wind up Vangory under s 459P of the Corporations Act : Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 at [62] – [65]; Soundwave Festival Pty Ltd v Altered State (WA) Pty Ltd (No 1) [2014] FCA 466 at [4].…
Re Bulwinkel Enterprises Pty Ltd
[2015] QSC 112
…hether the respondent is insolvent regardless of the debt Corporations Act 2001 (Cth) s 95A, s459A, s459C, s 459G, s 459P, s 459S Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 COUNSEL: M Jones for the Applicant S Hogg for the Respondent SOLICITORS: Mahoney Lawyers for the Applicant M + K Lawyers for the Respondent…
Pravenkav Group Pty Ltd v Diploma Construction (WA) Pty Ltd (No 3)
[2014] WASCA 132
…170 Royal Premier Pty Ltd v Taleski [2001] WASCA 48 Sewmail (Aust) Pty Ltd v Booby Traps Pty Ltd (1997) 23 ACSR 339 Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8; (2009) 236 CLR 272 Touma Family Super Fund Pty Ltd v McNiece [201…
Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq) v Workers Compensation Nominal Insurer; In the Matter of Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (In Liq)
[2014] FCA 567
Para 25
…TQM , Spigelman CJ referred to David Grant v Westpac and to a decision of the New South Wales Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 (“ Switz ”). The Chief Justice’s own observations in the Switz case are apt in the present circumstances. His Honour pointed out in Switz at [50] that th…
Soundwave Festival Pty Limited v Altered State (W.A.) Pty Limited (No 2)
[2014] FCA 562
Para 20
…to fund repayment of the true short-term liabilities, render entirely apposite the observation of Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 at 674, [55]; 155 FLR 282 at 294; 33 ACSR 723 at 735: The process of proving solvency is not some kind of forensic game. Solvency is a matter peculiarl…
Soundwave Festival Pty Ltd v Altered State (WA) Pty Ltd (No 1)
[2014] FCA 466
Para 4
…leave under s 459S should be dealt with prior to the hearing of the application to wind up the company under s 459P: Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 at [62] - [65] ( Switz ); Timms v Dellaplus Pty Ltd [2007] SASC 236 at [36]; Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours…
Workers Compensation Nominal Insurer v Lime Gourmet Pizza Bar (Darby Street) Pty Ltd (No 2)
[2014] FCA 151
Para 48
…in TQM , Spigelman CJ referred to David Grant v Westpac and to a decision of the New South Wales Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 (“ Switz ”). The Chief Justice’s own observations in the Switz case are apt in the present circumstances.…
Commonwealth Bank of Australia v Garuda Aviation Pty Ltd
[2013] WASCA 61
Para 4
…l costs which were a common feature of the battle of tactics in insolvency practice under the pre‑existing scheme: Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661, 674.…
In the matter of Stoligor Investments Pty Ltd
[2012] NSWSC 1096
Para 1
…ial to proving the Company's solvency, in the sense that it would be the only debt to which the Company was exposed: Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661; Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd [2011] NSWSC 113. However, even if I were able…
Coates Hire Operations Pty Ltd v D-Link Homes Pty Ltd
[2011] NSWSC 1279
…nce of realistic borrowing capacity to fund repayment of the true short-term liabilities, render entirely apposite the observation of Spigelman CJ in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 at 674 [55]:…
Kay Investment Holdings Pty Ltd v North East Developments Pty Ltd (in liq)
[2011] NSWSC 1121
Para 1
…nconsistent with the policy underlying the statutory demand procedure explained in Switz Pty Ltd v Glowbind Pty Ltd; Glowbind Pty Ltd v Switz Pty Ltd [2000] NSWCA 37 (to which I refer later in these reasons) to afford Kay Investment the opportunity to present its case on the statutory demand application. Nor, in m…
Point 2 Point Logistics Pty Ltd v Beingkool Transport Pty Ltd
[2011] VSC 601
Para 51
…[1](2000) 48 NSWLR 661 at [51].…
Crouch v Transly Investment Pty Limited
[2011] NSWSC 1028
Para 1
…In Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 the Court of Appeal held that an application for leave under s 459S should be brought and heard prior to the hearing concerning the winding-up application. Under s 459R, unless there are special circumstances that justify an extension of time…
TQM Design and Construct Pty Ltd v Golden Plantation Pty Ltd
[2011] NSWSC 438
Para 1
…The Court of Appeal has made it clear in Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 33 ACSR 723 that a s 459S application must be raised and dealt with separately from the final hearing of the winding up proceedings so that, as it were, the form and substance of the winding-up proceedings are clearly…
Perpetual Nominee Ltd v NA Investment Holdings Pty Ltd
[2011] NSWSC 282
…ber 1998, BC9805541). The observations of the Full Court were not followed by the New South Wales Court of Appeal in Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661 ; 33 ACSR 723 ; 19 ACLC 532 at 539-60. It is not necessary for present purposes, which are concerned with the grant of a stay, to address those diffe…
In the matter of King Furniture Australia Pty Ltd - King Furniture Australia Pty Ltd v Higgs
[2011] NSWSC 375
Para 1
…The harshness with which the statutory regime may operate was recognised in Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37, where Spigelman CJ said (at [40] - [51]):…
King Furniture Australia Pty Ltd v Higgs
[2011] NSWSC 234
Para 1
…The harshness with which the statutory regime may operate was recognised in Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37, where Spigelman CJ said (at [40] - [51]):…
Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd (No 2)
[2011] NSWSC 113
Para 1
…e plaintiff's debt. That application is to be decided in advance of the plaintiff's winding-up application ( Switz Pty Limited v Glowbind Pty Limited [2000] NSWCA 37; (2000) 48 NSWLR 661 at [65]).…
TQM Design & Construct Pty Ltd v KCL Developments Pty Ltd
[2011] NSWCA 7
Para 1
…I referred to these observations in Switz Pty Ltd v Glowbind Pty Ltd [2000] NSWCA 37; (2000) 48 NSWLR 661 at [37]-[38]. In that judgment I also said:…
ACN 076 673 875 Limited (in liq) v Semco developments Pty Ltd
[2010] VSC 647
Para 1
…CLC 684. On the issue of the meaning of the expression “material” to prove that the company is solvent see Switz Pty Ltd v Glowbind Pty Ltd (2000) 48 NSWLR 661. [4] Ace Contractors and Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728.…