Moores Corporation Australia Pty Limited v Sung [2000] NSWSC 679

New South Wales Supreme Court

CITATION : Moores Corporation Australia Pty Limited v Sung [2000] NSWSC 679 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2156/00 HEARING DATE(S) : 22, 27 and 29 June 2000 JUDGMENT DATE : 14 July 2000

PARTIES : Moores Corporation Australia Pty Limited (P) Chin-Chien Sung (D) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr E. White (P) SOLICITORS : D. G. Thomas Solicitors (P) Phillip Bushby International Lawyers (D) CATCHWORDS : Corporations Law - Application to set aside statutory demand - Genuine dispute about existence or amount of debt - Offsetting claim, and quantification thereof. LEGISLATION CITED : Corporations Law CASES CITED : Mibor Investements Pty Ltd v Commonwealth Bank of Australia (1993) 11 ACSR 362 DECISION : See paragraph 30.

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Friday, 14 July 2000

2156 of 2000 MOORES CORPORATION AUSTRALIA PTY LIMITED -v- CHIN-CHIEN SUNG (AKA KING SUNG) JUDGMENT

1 MASTER: By summons filed on 17 April 2000 the plaintiff, Moores Corporation Australia Pty Limited, seeks substantively an order that the statutory demand served upon it by the defendant, Chin-Chien Sung, be set aside. 2 That statutory demand is dated 24 March 2000, and requires payment by the plaintiff to the defendant of the sum of $411,183.21. That sum is described in the schedule as follows: Amount paid by the Creditor to the Debtor Company on 30 July 1997 pursuant to written agreement of that date $350,000.00 Payments due by the Debtor to the Creditor from 30 July 1997 to 31 December 1999 pursuant to such written agreement $ 84,583.33 $433,583.33 Less payments made by the Debtor Company to the Creditor from 30 September 1997 to 9 April 1999 -$ 23,400.12 TOTAL DUE $411,183.21