Golf Links Estate v L.J. Williams [2001] NSWSC 603

New South Wales Supreme Court

CITATION : Golf Links Estate v L.J. Williams [2001] NSWSC 603 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4632 of 2000 HEARING DATE(S) : 6 July 2001 JUDGMENT DATE : 6 July 2001

PARTIES : GOLF LINKS ESTATE BLACKHEATH PTY LIMITED v LJ WILLIAMS EARTHMOVING PTY LIMITED JUDGMENT OF : Master Macready at 1

COUNSEL : J.T. Johnson for defendant SOLICITORS : Mr M. Foley for plaintiff of Foleys Solicitors. Macedone, Christie Willis for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand. Demand set aside. No matter of principle. DECISION : Paragraph 17

1 MASTER: This is an application to set aside a demand under s 459G of the Corporations Law. Demand was served by the defendant on the plaintiff in respect of an amount of $36,843. The description of the debt in the demand is as follows: "Judgement debt obtained in the Local Court at Sutherland in proceedings 1661 of 1991 against Lee Bagshaw, the liability for such debt having been assigned to the Debtor by operation of Section 8 of the Contractors Debts Act 1997 by reason of the service of a Debt Certificate and Notice of Claim on the Debtor on or about 23 August 2000." 2 The evidence in this matter shows that there was an order in the Fair Trading Tribunal on 14 October 1999. The parties in those proceedings were described as L J Williams Earthmoving Pty Limited, the plaintiff or applicant, which is of course the defendant in those proceedings. The defendant or respondent was a person called Lee Bagshaw. An order was made that Lee Bagshaw pay $36,760 to L J Williams Earthmoving Pty Limited. The evidence shows on 8 November 1999 that order was registered with the Local Court at Sutherland. It therefore became an order of the Local Court pursuant to s 47 of the Fair Trading Tribunal Act 1998. 3 There was a motion taken out in those proceedings on 2 August 2000 by the defendant L J Williams Earthmoving Pty Ltd. That motion was taken out for a certificate under s 7 of the Contractors Debts Act 1997. That motion was not served on the plaintiff nor was it served on Mr Bagshaw as he has subsequently been identified. As a result of that motion a certificate was issued pursuant to the section. 4 S 7.(1) provides that when judgment is given or entered up in the proceedings relating to the recovery of money owed to a person for work carried out or materials supplied, the Court may by order made on the application of the person in whose favour the judgment is given, issue a certificate (a debt certificate) in respect of the debt under this section. That certificate was served on the plaintiff on 23 August 2000. The effect of that service is provided for in s 8 of the Contractors Debts Act 1997. That section, as far as relevance, is as follows: