JCS Developments P/L v Graveyard Recycling P/L [2001] NSWSC 270

New South Wales Supreme Court

CITATION : JCS Developments P/L v Graveyard Recycling P/L [2001] NSWSC 270 revised - 26/04/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4749/00 HEARING DATE(S) : 9 April 2001 JUDGMENT DATE : 9 April 2001

JCS DEVELOPMENTS PTY LIMITED (003 851 876) (Plaintiff) PARTIES : GRAVEYARD RECYCLING PTY LIMITED (094 059 417) ( Defendant JUDGMENT OF : Santow J

COUNSEL : J B Conomy (Plaintiff) P Rodionoff (Defendant) SOLICITORS : Astridge & Murray (Plaintiff) Mackintoshs Solicitors (Defendant) CATCHWORDS : CORPORATIONS — Statutory demand — Genuine dispute. LEGISLATION CITED : Corporations Law s9; s459E; s459J DECISION : Statutory Demand set aside

REVISED — 26 April, 2001 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY

SANTOW J

No. 4749/00 JCS DEVELOPMENTS PTY LIMITED (003 851 876) Plaintiff GRAVEYARD RECYCLING PTY LIMITED (094 059 417) Defendant

JUDGMENT — ex tempore 9 April 2001

INTRODUCTION 1 This is an application to set aside a statutory demand brought by the Plaintiff on the basis that there is a genuine dispute as to whether the debt is payable. The dispute in broad terms pertains to whether the Defendant claimant creditor was owed as a debt due and owing at the date of the Statutory Demand (6 November 2000) the sum of $121,349.53. That debt pertains to excavation work carried out by the Defendant for the Plaintiff.

SALIENT FACTS 2 The Schedule to the Statutory Demand contains the following terse description of the debt: "Balance due to the creditor under the Company's purchase Order 60 OLD dated 1st August 2000 for work carried out by the creditor at the company's request at 972-990 Old Princess Highway, Engadine …"