Event and Time
Event Description
- Company: Lewis Paints Pty Ltd (formerly Porter’s Paints Pty Ltd)
- Incorporation Date: 4 June 1987
- Key Individual: Mr. Lewis (sole director, shareholder, and secretary)
- Business Operations: Manufacture and supply of specialty paint products and flooring; ceased operations in about 2016
- Disputed Amount: Invoiced fees by accounting firm Clark Jacobs totaling $6,692.20
- Winding Up Initiation: Originating process filed on 12 January 2020, leading to an order for winding up on 20 February 2020.
Application and Claims
- Claim by Clark Jacobs: Issued a creditor’s statutory demand for payment.
- Claims during Proceedings: Lewis Paints contested the winding up due to Mr. Lewis's claim of unawareness of the demand, as he might have been overseas during the service of documents.
Judicial Decisions
- Decision:
1. Termination of the winding up process under section 482(1) of the Corporations Act 2001. 2. No order as to costs. 3. Orders to be entered forthwith.
Dispute Points and Legal Basis
Dispute Points
- Claim by Creditors:
- $6,500 fees for accounting services. - Authentication of non-payment leading to statutory demand.
- Defense by Lewis Paints:
- Mr. Lewis's absence may have contributed to non-awareness of the statutory demand. - Questionable legitimacy of the claim regarding unpaid obligations.