CAT v HORIZON [2001] NSWSC 372

New South Wales Supreme Court

CITATION : CAT v HORIZON [2001] NSWSC 372 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1211/01 HEARING DATE(S) : 24/04/01 JUDGMENT DATE : 24 April 2001

PARTIES : CAT MEDIA PTY LIMITED v HORIZON MEDIA PTY LIMITED JUDGMENT OF : Master Macready at 1

COUNSEL : Mr C.E. Moore for plaintiff Mr G.A. Seib for defendant SOLICITORS : Clayton Utz for plaintiff Aitken McLachlan & Thorpe for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand. No matter of principle. DECISION :

1 MASTER: This is an application to set aside a statutory demand served by the defendant on the plaintiff. The demand seeks the payment of $47,692.90. said to be owing by the defendant to the plaintiff. There are in this respect two invoices numbered 1810 and 1811. The demand was served on 5th January and appears to be dated 7th December. 2 The matter concerns advertising the defendant's publication, the yellow envelope. This is a form of direct mail advertising and the two invoices concerned relate to the placement in the July/August print run. 3 According to the plaintiff the form of advertising became less effective with the introduction of the GST and prices were to become out of date. In paragraph 9 Mr Sisiolas in his affidavit of the 24th January 2001 said that he had a conversation on 18 May 2000 with Mr John Papworth, the defendant's sales manager. That conversation was to the following effect: ""Jonathan, Cat Media would like to suspend all future advertising in The Yellow Envelope for the time being. The advertisement you have been using is stale and soon to become out of date and incorrect. Therefore, please don't include any Cat Media advertisements in your publication unless we submit new advertising copy to you".