Andi-Co Australia Pty Ltd v Meyers [2004] FCA 1358

FEDERAL COURT OF AUSTRALIA

Andi-Co Australia Pty Ltd v Meyers [2004] FCA 1358

CORPORATIONS LAW – defendant's employment as managing director of plaintiff terminated – defendant served statutory demand on plaintiff – proceedings commenced in Supreme Court of Victoria for unlawful dismissal – whether statutory demand should be set aside – whether fact that proceedings in Supreme Court claim same alleged debts is evidence of genuine dispute – whether plaintiff has offsetting claims against defendant – whether solicitor-client costs should be awarded

PRACTICE AND PROCEDURE – upon termination plaintiff presented defendant with settlement agreement – defendant seeks to put agreement into evidence – whether privilege waived because handing over of settlement agreement instantaneous with commencement of dispute – whether agreement was created to negotiate a settlement of dispute

Corporations Act 2001 (Cth), s 459G, s459H Evidence Act 1995 (Cth), s 131(1)(b)

Spencer Constructions Pty Ltd v G. and M. Aldridge Pty Ltd (1997) 76 FCR 452 at 462 -4 applied Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1994] 2 VR 290 at 295 applied Intergraph Public Safety Pty Ltd v Tess Lawrence Media Services Pty Ltd (1996) 19 ACSR 523 at 527 applied ANDI-CO AUSTRALIA PTY LTD V MEYERS V283 of 2004 HEEREY J 12 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 283 OF 2004

BETWEEN: ANDI-CO AUSTRALIA PTY LTD (ACN 005 899 365)

PLAINTIFF

AND: MEYERS

DEFENDANT

JUDGE: HEEREY J

DATE OF ORDER: 12 OCTOBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The statutory demand served on the plaintiff by the defendant on 17 February 2004 be set aside; and 2. The defendant pay the plaintiff's costs on a solicitor–client basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.