NSW Caselaw
New South Wales Supreme Court
CITATION : Goldcrest v Equitibuild [2001] NSWSC 646 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1113/2001 HEARING DATE(S) : 27/07/2001 JUDGMENT DATE : 27 July 2001
PARTIES : GOLDCREST PROPERTIES N0 2 PTY LTD v EQUITIBUILD PTY LTD JUDGMENT OF : Master Macready at 1
COUNSEL : P. Dowdy for plaintiff G. Colman for defendant SOLICITORS : Sullivans Solicitors for plaintiff MBA Lawyers for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand. Demand set aside. No matter of principle. DECISION : Paragraph 19
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1 MASTER: This is an application to set-aside a statutory demand dated 21 December 2000 claiming a sum of $230,709.54. The amount represents progress claims under a construction management contract dated 4 February 2000 that had not been paid. 2 The plaintiff was involved in a construction project which had already had some problems with an existing builder and the project was only partly completed. The present two parties got together to complete the project. There was a course of correspondence between December and February in which the parties discussed the contract into which they would enter. The plaintiff company had at one stage on 11 January sent a letter to the defendant setting out its understanding of the type of contract that was required in these terms: "We are pleased to advise that Goldcrest Properties No. 2 Pty Limited intends to engage Equitibuild for completion of subject project substantially on terms and conditions of your offer dated 30 December 1999, our discussions and your fax letter dated 9 January 2000 as below:
1. Fixed Preliminary/operational on-site costs (including all insurances) and 15 days delays due unforeseen circumstances (such as bad weather) $321,908.00 2. Builders/Project Management margin on construction costs 10% 3. Practical completion 15 July 2000 4. Liquidated damages $3000/week 5. Site Mobilisation No later than 12 January 2000 6. Payments: Monthly against Bank QS certification
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