Drama Unit Pty Ltd v Fearndale Holdings Pty Ltd (Administrator Appointed) [2020] NSWCA 1 (30 January 2020) (Macfarlan JA at [1], Gleeson JA at [2], Payne JA at [52])


Catchwords:


CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – whether valid application under s 459G of Corporations Act 2001 (Cth) – whether affidavit supported the application on ground of an offsetting demand – challenge to primary judge’s factual finding that affidavit did not answer that description – no injustice demonstrated

CORPORATIONS – winding up – whether valid application under s 459G of Corporations Act 2001 (Cth) – where period for compliance with statutory demand has expired – where no extension of period for compliance sought or obtained – no utility in attempting to have statutory demand set aside