Kraljero v Dark Red Frames [2001] NSWSC 171

New South Wales Supreme Court

CITATION : Kraljero v Dark Red Frames [2001] NSWSC 171 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3818/2000 HEARING DATE(S) : 26/02/01 JUDGMENT DATE : 27 February 2001

PARTIES : Kraljero Building Construction Co Pty Limited v Dark Red Frames and Trusses Pty Limited JUDGMENT OF : Master Macready at 1

COUNSEL : Mr P.A. Fury for plaintiff Mr M. Tyson & Mr J. Stoljar for defendant SOLICITORS : City First Solicitors for plaintiff Greg Wilkinson, Oberon for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand. Demand varied. No matter of principle. B & M Quality Constructions Pty Limited v. Buyrite Steel Supplies 15 ACSR 433 CASES CITED : Portrait Express v. Kodak 20 ACSR 746. Eyota Pty Limited v Hanave Pty Limited DECISION : Para 23

- 1- THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

Tuesday 27 February 2001

3818/00 - KRALJERO BUILDING CONSTRUCTION CO PTY LIMITED -V- DARK RED FRAMES AND TRUSSES PTY LIMITED

JUDGMENT

1 MASTER: This is an application to set aside a statutory demand. The demand was dated 10 August 2000 and claimed an amount of $4045. In the demand the amount was split up between three invoices, invoice 3232 in the sum of $11,976, invoice 3249 was in the amount of $15,438 and invoice 3285 was in the sum of $19,631. The claim in the demand relates to the supply of roof trusses and related matters which were used by the plaintiff company in building houses. 2 The plaintiff company has admitted that $22,979 was due and it has made a payment of that amount after the proceedings were commenced. The balance of $24,066 in the demand was in issue. The first point that was raised was the sufficiency of the affidavit in support. 3 Under the Corporations Law and under r 5.2 the affidavit accompanying the statutory demand must be in accordance with form 7 and state the matters mentioned in that form. 4 When one turns to form 7 one finds in par 3: "The source of the deponent's knowledge of the matter stated in the affidavit in relation to the debt or each of the debts, e.g. 'I am the person who on behalf of the creditors had the dealings with the debtor company that gave rise to the debt'. I have inspected the business records of the creditor in relation to the debtor's company's account." 5 Accordingly when one sees the form in the examples one sees they are nothing more than examples. The requirement is to state the source of the deponent's knowledge of the matters. The relevant paragraphs of the affidavit are in the following terms: "1.I am a Director of the company known as Dark Red Frames & Trusses Pty Ltd ACN 068 763 413.