Just Right Foods Pty Ltd v Inghams Enterprises Pty Ltd [1998] FCA 208

FEDERAL COURT OF AUSTRALIA CORPORATIONS LAW - corporations - statutory demand - application to set aside statutory demand - whether genuine dispute as to the amount of debt - offsetting claims - whether genuine offsetting claims - supporting affidavit - whether it met minimum requirements of affidavit to show genuine offsetting claims - evidence as to amount of claims - the extent to which this may be required where damages claimed are at large - whether evidence supporting the quantum of the offsetting claim is required - where demands are at large whether the applicant is required to state the extent to which the claim meets or exceeds the demand. Corporations Law Part 5.4, ss 459E, 459E(2)(e), 459H, 459H(1), 459H(2), 459H(3), 459H(5), 459H(5)(a),(b) & (c) Godfrey Hirst Australia Pty Ltd v Floyd Industries Pty Ltd (Federal Court of Australia Sundberg J, 24 July 1995 unreported) Classic Ceramics Importers Pty Ltd v Ceramica Antiga SA 1994 (12 ACLC 334) Eyota Pty Ltd v Hanave Pty Ltd 1994 (12 ACLC 669) Graywinter Properties v Gas & Fuel Superannuation (1996) 14 ACLC 1703 Spencer Constructions Pty Ltd v G & M Aldridge (1997) 15 ACLC 1001) Sewmail (Australia) Pty Ltd v Booby Traps Pty Ltd 23 ACSR 339 JUST RIGHT FOODS PTY LTD v INGHAMS ENTERPRISES PTY LTD VG 3333 of 1997 MILLANE JR MELBOURNE 10 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG3333 of 1997

BETWEEN: Just Right Foods Pty Ltd

Applicant

AND: Inghams Enterprises Pty Ltd

Respondent

JUDicial Registrar: MILLANE

DATE OF ORDER: 10 march 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's setting aside application is dismissed. 2. Liberty is reserved to each party to apply on the question of costs by filing written submissions within 7 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.