NSW Caselaw
New South Wales Supreme Court
CITATION : Global v Luois [2001] NSWSC 556 revised - 16/07/2001 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1925/01 HEARING DATE(S) : 19/06/2001 JUDGMENT DATE : 19 June 2001
PARTIES : Global Knitwear Pty Limited v Luois Pty Limited JUDGMENT OF : Master Macready at 1
COUNSEL : L. Ma for plaintiff G. Moore for defendant SOLICITORS : Lawrence Wong Solicitors for plaintiff Gibsons for defendant CATCHWORDS : Corporations Law. - Application to set aside statutory demand. - No matter of principle. DECISION : Paragraph 26
1 MASTER: This is an application to set aside a statutory demand under s 459(2) of the Corporations Law. The demand is dated 5 March 2001 and is in respect of a sum of AUD$63,714.23. It relates to goods sold by the defendant to the plaintiff. 2 The plaintiff seeks to set aside the demand as it says that there is a genuine dispute in respect to a part of the goods supplied, but also it seeks to set up an offsetting claim in respect of goods supplied by the plaintiff to the defendant. 3 The first affidavit in support by the plaintiff made the basis of the claim tolerably clear, and it has been expanded on in later affidavits. The actual summary of the claim as put by the plaintiff, which takes account of the payments that have been made, is set out in paragraph three of the submissions of the plaintiff. It is in the following terms:
"3.1 The plaintiff has a genuine dispute of the existence of the claim of $6,659.73 of the Defendant's claim of $63,714.23.
3.2 The Defendant's claim should be reduced to $57,054.50.
3.3 The Plaintiff admitted owing the Defendant $57,054.50.
3.4 The Plaintiff has a genuine offsetting claim the total thereof is:- Offsetting claim USDO.52 = AU D1
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