Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS - statutory demands - application to set aside - whether genuine dispute - whether applicant accepted liability for debts incurred by wholly owned subsidiary
Corporations Law s 459H
Re Morris Catering (Aust) Pty Ltd (1993) 11 ACSR 601 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 24 ACSR 353 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 Scanhill Pty Ltd v Century 21 Australasia Pty Ltd (1993) 120 ALR 173 Greenwood Manor v Woodlock (1994) 48 FCR 229 MEDIA ENTERTAINMENT GROUP LTD v IMMEDIATE ASSISTANTS PTY LTD VG 3363 OF 1997 BEFORE: RYAN JR PLACE: MELBOURNE DATE: 26 NOVEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3363 of 1997
BETWEEN: MEDIA ENTERTAINMENT GROUP LTD
Applicant
AND: IMMEDIATE ASSISTANTS PTY LTD
Respondent
JUDicial registrar: RYAN
DATE OF ORDER: 26 november 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The statutory demands of 10 November 1997 be set aside. 2. The respondent pay the applicant's costs as agreed or taxed. 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 3363 of 1997
BETWEEN: MEDIA ENTERTAINMENT GROUP LTD
Applicant
AND: IMMEDIATE ASSISTANTS PTY LTD
Respondent
JUDICIAL REGISTRAR: RYAN
DATE: 26 NOVEMBER 1998
PLACE: MELBOURNE
REASONS FOR JUDGMENT The applicant seeks to set aside two statutory demands of 10 November 1997. The schedule to the first demand describes a debt of $51,682.12 as follows: "Moneys due to the creditor by the Company pursuant to the Company's acknowledgment of debt in the amount of $84,182.12 in relation to services rendered in 1996 by the creditor, such acknowledgment of debt forming part consideration for the Creditor providing consultancy services to the Company in 1997. The acknowledgment of debt is outlined at numbered paragraph 1 of a letter from the Company to the Creditor dated 11 April 1997. Less payments received by the company to reduce the debt 3 April 1997 $30,000 13 May 1997 $2,500 Total amount now due being $51,682.12 being original debt of $84,182.12 less payments received of $32,500." Paragraph 1 of the letter of 11 April 1997 is in the following terms: "Acceptance by Media Entertainment Group Limited of a liability to Immediate Assistants Pty Ltd in the amount of $84,182.12 in relation to services rendered in 1996." The schedule to the second demand describes a debt of $10,836.15 as follows: "The debt is due to the creditor by the company for the creditor's provision of consultancy services to the company in June and July 1997, particulars of which are provided below. Invoice No. Invoice Date Consultancy Services Commission Expenses Amount Paid Amount Due 266 4 June 1997 $5,000 $4,952.50 $626.49 $5,626.49 $4,952.50 970708-1 8 July 1997 $5,000+$500 as agreed for writing of ICI Zestril Script Nil $383.65 Nil $5,883.65
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