Ford Motor Company of Australia Limited v Tristar Steering & Suspension Australia Limited [2003] FCA 596

FEDERAL COURT OF AUSTRALIA

Ford Motor Company of Australia Limited v Tristar Steering & Suspension Australia Limited [2003] FCA 596 CORPORATIONS – application to set aside statutory demand – debts for tooling not paid – earlier proceeding in which debts were referred to but not explicitly dealt with – appeal from decision in earlier proceeding pending – dispute as to whether agreement reached between parties as to payment of debts – whether genuine dispute as to the existence or amount of the debts or whether there is an offsetting claim within s 459H(1) of the Corporations Act 2001 (Cth) – whether claim for amounts due was before the court in the earlier proceeding and whether that issue was in fact dealt with – whether Anshun principle operated to estop party who served the statutory demand from maintaining the claim for debts in a separate proceeding – whether fact of appeal from earlier decision constituted "some other basis" for setting aside the statutory demand for the purposes of s 459J(1)(b) of the Corporations Act 2001 (Cth).

Corporations Act 2001 (Cth): ss 459G, 459H, 459J(1)(b)

Port of Melbourne Authority v Anshun Proprietary Limited (1981) 147 CLR 589, applied John Shearer Limited v Gehl Company (1995) 60 FCR 136, referred to Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1994] 2 VR 290, applied Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785, applied Eumina Investments Pty Ltd v Westpac Banking Corporation (1998) 84 FCR 454, applied Boles v Esanda Finance Corporation Ltd (1989) 18 NSWLR 666, applied Ling v Commonwealth of Australia (1996) 68 FCR 180, referred to Gibbs v Kinna [1999] 2 VR 19, applied King v Lintrose Nominees Pty Ltd [2001] 4 VR 595, applied

FORD MOTOR COMPANY OF AUSTRALIA LIMITED (ACN 004 116 223) v TRISTAR STEERING & SUSPENSION AUSTRALIA LIMITED (ACN 004 311 111) V 3039 of 2003 GOLDBERG J 13 JUNE 2003 MELBOURNE