Civil v ET Constructions [2000] NSWSC 1119

New South Wales Supreme Court

CITATION : Civil v ET Constructions [2000] NSWSC 1119 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4419/2000 HEARING DATE(S) : 30/11/2000 JUDGMENT DATE : 15 December 2000

PARTIES : Civil Systems Pty Ltd (ACN 064 594 430) v E.T. Constructions Pty Ltd (ACN 003 655 892) JUDGMENT OF : Master Macready at 1

COUNSEL : Mr M.R. Pesman for plaintiff.

Business Law Office for plaintiff SOLICITORS : Mr D. Bowles, as agent for Christine Turnbull, solicitor for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand on the basis that it was proposed to set aside judgment upon which the demand was based. Judgment set aside after expiration of 21 day period and before hearing. Held that the affidavit filed within the 21 day period was sufficient to give jurisdiction. Demand set aside. DECISION : Paragraph 18

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

MASTER MACREADY

Friday 15 December 2000

4419 of 2000 CIVIL SYSTEMS PTY LTD v E.T. CONSTRUCTIONS PTY LTD JUDGMENT 1 MASTER: This is the hearing of an application made on 31 October 2000 in which the applicant seeks to set aside a creditor's statutory demand for payment of a debt. The application refers to a demand served on 7 February 2000 but clearly that is an error as a recounting of the facts below will reveal. The relevant demand is dated 9 October 2000. The amount claimed in the demand is a sum of $50,155.86 a claim pursuant to a judgment in the Local Court on 18 September 2000. 2 The plaintiff submits that the demand should be set aside on the basis that there is a genuine dispute in respect of the debt and that, alternatively, there is no subsisting debt as the Local Court judgment upon which the demand was based has now been set aside. The defendant for its part seeks the dismissal of the proceedings. Although expressed on a separate basis it is a really a combination of:-