New Era Installations Pty Ltd v Don Mathieson & Staff Glass Pty Ltd [1999] FCA 475

FEDERAL COURT OF AUSTRALIA

New Era Installations Pty Ltd v Don Mathieson & Staff Glass Pty Ltd [1999] FCA 475

CORPORATIONS LAW - application to set aside statutory demand - review of Registrar's decision - whether review involves a hearing de novo - whether "genuine dispute" about the existence or amount of the debt to which the statutory demand relates - meaning of "genuine dispute" - agency - whether agency by estoppel - whether agency by ratification - power of Court to make costs orders on applications to set aside statutory demands, both as to costs before Court and costs before Registrar. Corporations Law ss 459E(1), 459G(1), 459H(1)(a), 459H(3), 459H(4)(a), 459N, 1335(2) Federal Court of Australia Act 1976 (Cth) ss 35A(5), 35A(6) Jageev Pty Limited v Deane (Federal Court of Australia (Davies J); unreported; 15 May 1998), followed Burdon Pty Limited v Gillford Pty Limited (Federal Court of Australia (Davies, Hill and Whitlam JJ); unreported; 21 December 1995), followed Lindel Constructions Pty Limited v Bacic Bros Plastering Pty Limited (1996) 19 ACSR 690, cited Trinity Properties Pty Limited v Gilles (1996) 20 ACSR 22, cited Petersen v Moloney (1951) 84 CLR 91, applied NEW ERA INSTALLATIONS PTY LTD v DON MATHIESON & STAFF GLASS PTY LTD

NG 3025 OF 1998 KATZ J SYDNEY 21 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG3025 OF 1998

BETWEEN: New Era Installations Pty Ltd

Applicant

AND: Don Mathieson & Staff Glass Pty Ltd

Respondent

JUDGE: Katz J

DATE OF ORDER: 21 April 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The amount of the statutory demand be varied to $79,317.80; 2. The demand, as so varied, be declared to have had effect as from when the demand was served on the applicant; and 3. The applicant pay four-fifths of the respondent's costs of the proceedings before the Court and the Registrar.