Michael Davies Associates v Woolacott [2002] NSWSC 472

New South Wales Supreme Court

CITATION : Michael Davies Associates v Woolacott [2002] NSWSC 472 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 2030/02 HEARING DATE(S) : 20/05/2002 JUDGMENT DATE : 22 May 2002

PARTIES : Michael Davies Associates Pty Limited v Woolacott Hale Corlett & Jumikis Consulting Engineers Pty Limited JUDGMENT OF : Master Macready at 1

COUNSEL : Mr A. Lo Surdo for plaintiff Mr H. Stowe for defendant SOLICITORS : Colin Biggers & Paisley for plaintiff Gillis Delaney Brown for defendant CATCHWORDS : Corporations Law. Application to set aside statutory demand undr s 459G of the Corporations Act. Whether dispute raised in an affidavit filed out of time is available. Held that it is not. Demand varied. DECISION : Paragraph 29

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

MASTER MACREADY

WEDNESDAY 22 MAY 2002

2030/02 - MICHAEL DAVIES ASSOCIATES PTY LIMITED v WOOLACOTT HALE CORLETT & JUMIKIS CONSULTING ENGINEERS PTY LIMITED

JUDGMENT

1 MASTER: This is an application under s 459G of the Corporations Act. The application is to set aside a statutory demand dated 2 March 2002 served by the defendant on the plaintiff which claims the sum of $27,746. 2 There are eighteen invoices set out in the schedule claiming various amounts. Quite a number of these have been paid subsequently, or the dispute has been abandoned. The defendant has abandoned its claim for GST in respect of its invoices and in the result only three invoices are now in dispute. 3 The invoices in dispute are as follows: Invoice 11166 for $2242 excluding GST Invoice 11134 for $1587.50 excluding GST Invoice 11315 for $1542.50 excluding GST