Besser Industries (NT) Pty Ltd v Steelcon Constructions Pty Ltd [1995] FCA 180

CATCHWORDS CORPORATIONS - statutory demand - application to set aside statutory demand - whether genuine dispute as to existence of debt - whether lump sum contract price inconsistent with progress payments - admitted error in the amount claimed by the statutory demand - power of the court to vary the demand pursuant to s 459H - whether in circumstances a genuine dispute about the amount of the debt - whether accompanying affidavit complies with r 36A of the Corporations Rules. Corporations Law ss 459E, 459H, 459J Corporations Rules r 36A Egan v State Transport Authority (1982) 31 SASR 481 at 537 The Tergeste [1903] P 26 at 34 Cempro Pty Ltd v Dennis M Brown (1994) 13 ACSR 628 Rohalo Pharmaceutical Pty Ltd v R P Scherer SpA (1994) 15 ACSR 347 at 354 Home and Overseas Insurance Co Ltd v Mentor Insurance Co (UK) Ltd (in liq) [1989] 3 All ER 74 at 77 Hornet Aviation Pty Ltd v Ansett International Air Freight (Northrop J, unreported, 6 December 1994) Hamilhall Pty Ltd (In liq) v A T Phillips Pty Ltd (1994) 15 ACSR 247 No. SG 3166 of 1994 BESSER INDUSTRIES (NT) PTY LTD v STEELCON CONSTRUCTIONS PTY LTD Branson J. Adelaide 30 March 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 3166 of 1994 ) GENERAL DIVISION ) BETWEEN: BESSER INDUSTRIES (NT) PTY LTD Applicant - and - STEELCON CONSTRUCTIONS PTY LTD Respondent MINUTES OF ORDER CORAM: Branson J. PLACE: Adelaide DATE: 30 March 1995 THE COURT ORDERS THAT:- 1. The statutory demand in this matter is varied by deleting from para 1 thereof the words "the amount of $799,283.30 being the total of the amounts of the debts described in the Schedule" and inserting in their place the words "the amount of $678,660.00". 2. It is declared that the demand is to have had effect, as so varied, as from when the demand was served on the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules