Mitchell-Paterson Investments v State BankPower Distribution v State Bank [1999] NSWSC 1270

New South Wales Supreme Court CITATION : Mitchell-Paterson Investments v State BankPower Distribution v State Bank [1999] NSWSC 1270 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 2947/99; 2948/99 HEARING DATE(S) : 17/12/99 JUDGMENT DATE : 17 December 1999

PARTIES : Mitchell-Paterson Investments Pty Ltd v State Bank of NSW Power Distribution (Aust) Pty Ltd JUDGMENT OF : Master Macready at 1

COUNSEL : Mr Lucarelli for defendant SOLICITORS : Mr Philip J. Beazley for plaintiff Minter Ellison for defendant CATCHWORDS : Corporations Law. Applications to set aside statutory demands. No genuine dispute established. DECISION : Paragraph 36

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THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

FRIDAY 17 DECEMBER 1999

2947/99 - MITCHELL-PATERSON INVESTMENTS PTY LTD -v- STATE BANK OF NEW SOUTH WALES LIMITED

2948/99 - POWER DISTRIBUTION (AUSTRALIA) -v- STATE BANK OF NEW SOUTH WALES PTY LTD

JUDGMENT

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1 MASTER: This is the hearing of two applications to set aside statutory demands.

2 The applications have been heard together and I have ordered that the evidence in one application be evidence in the other although it will be necessary to deal with them separately.

3 The first one I will deal with is matter No. 2948/99 which concerns the plaintiff Power Distribution (Australia) Pty Ltd versus the State Bank of New South Wales Limited. The demand in that matter was dated 4 June 1999, and sought recovery of $922,939.64, relating to outstanding lease payments on vehicles subject to various lease agreements. There is also apart from the vehicles some other equipment the subject of demand.