Fleur De Lys Pty Limited v Jarrett [2004] FCA 1357

FEDERAL COURT OF AUSTRALIA

Fleur De Lys Pty Limited v Jarrett [2004] FCA 1357

CORPORATIONS – statutory demand – setting aside – untaxed costs capable of establishing existence of offsetting claim – demand set aside subject to condition that costs be assessed Corporations Act 2001 (Cth) s 459G, 459H(1)(a) 459H, 459M Federal Court of Australia Act 1976 (Cth) s 25(1A)

Federal Court Rules Order 35 rule 7(2)(b), Order 52 rule 15 Federal Magistrates Court Rules Rule 16.05(2)(b) Legal Profession Act 1987 (NSW) Part 11 Division 6 Federal Court (Corporations) Rules 2000 Reg 2.4A The Tubby Trout Pty Ltd v Sailbay Pty Ltd (1996) 63 FCR 530 cited Re Elgar Heights Pty Ltd (1985) 9 ACLR 896 cited Ford's Principles of Corporations Law FLEUR DE LYS PTY LIMITED v KEVIN JARRETT N 1199 OF 2004 HELY J 22 OCTOBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1199 OF 2004

BETWEEN: FLEUR DE LYS PTY LIMITED

PLAINTIFF

AND: KEVIN JARRETT

DEFENDANT

JUDGE: HELY J

DATE OF ORDER: 22 OCTOBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The statutory demand served by the defendant on the plaintiff on 19 July 2004 be set aside on condition that the plaintiff makes application for an assessment under Division 6 of Part 11 of the Legal Profession Act 1987 (NSW) of the costs which it is entitled to receive from the defendant pursuant to the order made by Dillon SM on 5 September 2003 within 28 days of the making of this order. 2. The defendant pay 75 per cent of the plaintiff's costs of these proceedings. 3. Liberty be given to apply on 3 days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1199 OF 2004