Home > Qld Judgments > Supreme Court: Court of Appeal 2005 > Bidjara Aboriginal Housing & Land Co Ltd v Bidjara Motor Corp P/L (in liq) [2005] QCA 196
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Bidjara Aboriginal Housing & Land Co Ltd v Bidjara Motor Corp P/L (in liq)
[2005] QCA 196 (04/1062) Brisb McMurdo P Williams JA Mullins J 10/06/2005
Catchwords
CORPORATIONS – WINDING UP – WINDING UP BY COURT – GROUNDS FOR WINDING UP – INSOLVENCY – APPLICATION TO SET ASIDE DEMAND – GENUINE DISPUTE AS TO INDEBTEDNESS – SUBSTANCE OF DISPUTE – where statutory demand issued by the respondent to the appellant for the amount of $576,751.80 – learned trial judge refused to set aside the statutory demand pursuant to s 459G of Corporations Act 2001 (Cth) – where the debt involved a shareholders’ agreement to which the respondent was not a party and which depended for its application to the respondent on s 55 Property Law Act 1974 (Qld) – whether there is a genuine dispute about the existence or amount of the debt