Event and Time
Event Description
- Defendant: Slodyczka & Farren Pty Ltd began operating in March 2020, manufacturing face masks amid the COVID-19 pandemic.
- Plaintiff: Lion & Horn Pty Ltd provided marketing services to the defendant between April and August 2020.
- Dispute arises from a statutory demand served by the plaintiff claiming $36,091.77 for unpaid marketing services. The demand was dated February 3, 2021, but the defendant did not respond within the required 21-day period.
- On April 11, 2021, the plaintiff initiated a winding-up application pursuant to sections 459A and 459P of the Corporations Act 2001 (Cth).
Application and Claims
- Plaintiff's Claims:
- A statutory presumption of insolvency based on the defendant's failure to comply with the statutory demand. - An application for the winding up of the defendant due to unpaid debts.
- Defendant's Claims:
- Contends the statutory demand was not effectively served. - Claims that it is solvent and can rebut the presumption of insolvency. - Seeks to oppose the winding-up application based on various grounds, including: - A genuine dispute over the debt amount. - An offsetting claim from services provided to the plaintiff.
Judicial Decisions
- The case went through multiple hearings, with the final hearing being conducted on September 9, 2021. The Court reserved judgment and extended the time for determining the application to February 7, 2022.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Evidence:
- Allowed reliance on affidavits and documents asserting the existence of a debt. - The plaintiff’s calculation of the outstanding invoice.
- Defendant's Evidence: