Addersome Industries Geelong Pty Ltd v Highpoint Homemaker Centre (Vic) Pty Ltd [1995] FCA 82

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 3204 OF 1994 ) GENERAL DIVISION )

BETWEEN: ADDERSOME INDUSTRIES GEELONG PTY LTD (Applicant) AND: HIGHPOINT HOMEMAKER CENTRE (VIC) PTY LTD (Respondent) CORAM: RYAN J PLACE: MELBOURNE DATE: 17 FEBRUARY 1995

MINUTE OF ORDERS

THE COURT ORDERS: 1. That the statutory demand dated 2 May 1994 and served on the applicant by the respondent be set aside. 2. That the respondent pay the applicant's costs of this application, including any reserved costs, such costs to be taxed in default of agreement.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 3204 OF 1994 ) GENERAL DIVISION )

BETWEEN: ADDERSOME INDUSTRIES GEELONG PTY LTD (Applicant) AND: HIGHPOINT HOMEMAKER CENTRE (VIC) PTY LTD (Respondent) CORAM: RYAN J PLACE: MELBOURNE DATE: 17 FEBRUARY 1995

REASONS FOR JUDGMENT

RYAN J: This is an application to set aside a statutory demand served on the applicant, Addersome Industries Geelong Pty Limited pursuant to s459E of the Corporations Law. The demand was dated 2 May 1994 and claimed a total of $71,226.76 stated in the demand to be made up of arrears of rent, unpaid rates, land tax and other outgoings. The components of the sum of $71,226.76 have subsequently been conceded on behalf of the respondent to have been wrong, although it is still asserted that the total amount of the indebtedness remains $71,226.76. That concession is embodied in an affidavit by George Adams on behalf of the respondent sworn 15 July 1994 in which the deponent swears in paragraph 3 that he confirms: "... that the sum demanded in the notice is due and payable and say that is properly calculated as follows."