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Aquacairns Pty Ltd v Pinnacle Sea Products (Australia) Pty Ltd[2003] QSC 130

Aquacairns Pty Ltd v Pinnacle Sea Products (Australia) Pty Ltd[2003] QSC 130

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 46 of 2003

AQUACAIRNS PTY LTD (ACN 072 320 686)

Applicant

and

 

PINNACLE SEA PRODUCTS (AUSTRALIA) PTY LTD (ACN 100 861 087)

Respondent

CAIRNS

DATE 14/04/2003

JUDGMENT

HIS HONOUR: This is an application for the winding-up of Pinnacle Sea Products (Australia) Pty Ltd for its non-compliance with a statutory demand made by Aquacairns Pty Ltd dated the 15th of October 2002.

The debt arises out of a running account between the respondent and the applicant relating to the respondent carrying on the business of a supplier of fish products and Aquacairns acting as its agent. The statutory demand was for the amount of $113,344.80. The material before me is to the effect that no part of that demand has been met. There has been no application to set the matter aside.

On the 25th of February 2003, the Registrar issued a certificate of compliance subject to the need for the filing and serving of a liquidator's consent and for the filing of an affidavit verifying the service of the liquidator's consent. Both those matters have been attended to.

I am satisfied therefore in all of the circumstances it is proper for the company to be wound up and I will make orders in terms of the draft initialled by me placed with the papers.

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Editorial Notes

  • Published Case Name:

    Aquacairns Pty Ltd v Pinnacle Sea Products (Australia) Pty Ltd

  • Shortened Case Name:

    Aquacairns Pty Ltd v Pinnacle Sea Products (Australia) Pty Ltd

  • MNC:

    [2003] QSC 130

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    14 Apr 2003

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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