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

State Reporting Bureau jaoosj Qsc )30 Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 16 April, 2003 Application No 46 of 2003 AQUACAIRNS PTY LTD Applicant (ACN 072 320 686) and PINNACLE SEA PRODUCTS (AUSTRALIA) Respondent PTY LTD (ACN 100 861 087) CAIRNS ..DATE 14/04/2003 JUDGMENT WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 2 -- 14042003 D.l T7/JFG M/T CNS1/2003 (Jones J) 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. 2 JUDGMENT -- 2 of 2 --