Neodel v PRC [2001] NSWSC 197

New South Wales Supreme Court

CITATION : Neodel v PRC [2001] NSWSC 197 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3098 of 2000 HEARING DATE(S) : 05/03/2000 JUDGMENT DATE : 5 March 2001

PARTIES : Neodel Pty Ltd T/A Bookaburra Books v PRC Publishing Ltd JUDGMENT OF : Master Macready at 1

COUNSEL : Mr B. Debuse for plaintiff Mr R. Beasley for defendant SOLICITORS : Marsdens for plaintiff Peter Cornelius & Partners for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand under s 459G of the Corporations Law. Whether failure to specify an address in Australia for payment is a reason for setting aside. - Held no substantial injustice and proceedings dismissed. James v The Federal Commission of Taxation (1955) 93 CLR 631 CASES CITED : Delalne Pty Ltd v Quarto Publishing (PLC) 3 ACSR at page 81. P H and J P Harding Pty Ltd (1986) 10 ACLC 365 at 366 DECISION : Para 23

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

MASTER MACREADY

MONDAY 5 MARCH 2001

3098/00 - NEODEL PTY LTD T/A BOOKABURRA BOOKS v P R C PUBLISHING LTD

JUDGMENT

1 MASTER: This is an application to set aside a statutory demand under s 459G of the Corporations Law. The statutory demand was dated 16 June 2000 and claimed an amount of $211,055.50. The description of the goods in the schedule was: "Being for goods sold and delivered by the creditor for the company between 14 January 1999 and 27 September 1999." 2 No point was taken about the time or the manner in which the application to set aside was taken. The affidavit in support of the application to set aside the statutory demand made some references to some problems with delivery, however on the evidence that was admitted before me on the application, there is no evidence which would allow me to quantify either any off-setting claim or any claim in diminution of the purchase price. Accordingly the matter has been debated before me in respect of the form of the demand itself and whether there are defects which might lead to it being set aside. 3 There are three points that are made in relation to the demand and they are:- "(1) The address of payment.