Master Painters Australia Limited v Master Painters, Decorators and Signwriters Association of Western Australia [2013] FCA 507

FEDERAL COURT OF AUSTRALIA

Master Painters Australia Limited v Master Painters, Decorators and Signwriters Association of Western Australia [2013] FCA 507 Citation: Master Painters Australia Limited v Master Painters, Decorators and Signwriters Association of Western Australia [2013] FCA 507

Parties: MASTER PAINTERS AUSTRALIA LIMITED ACN 082 605 347 v MASTER PAINTERS, DECORATORS AND SIGNWRITERS ASSOCIATION OF WESTERN AUSTRALIA ABN 43 549 527 856

File number: QUD 111 of 2013

Judge: LOGAN J

Date of judgment: 10 May 2013

Catchwords: CORPORATIONS LAW – application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001 (Cth) – the defendant, an unincorporated association, had undertaken work as the secretariat for the plaintiff – where parties have differing evidence as to the true commencement date of the defendant's engagement as secretariat – where plaintiff claimed the defendant overcharged for its services – where plaintiff claimed that the defendant paid amounts from a bank account operated by the plaintiff without the plaintiff's authority – whether there is a genuine dispute or an off-setting claim per s 459H of the Corporations Act 2001 (Cth) Held: statutory demand set aside – genuine dispute and off-setting claim – consideration of whether an unincorporated association can be a "person" for the purposes of s 459E of the Corporations Act 2001 (Cth)

Legislation: Acts Interpretation Act 1901 (Cth) s 2C Companies Act 1981 (Cth) s 364 Corporations Act 2001 (Cth) ss 9, 57A, 459E, 459G, 459H, 459J Companies Act 1961 (Vic) s 222