Harrisa v Puksand [2002] NSWSC 360

New South Wales Supreme Court

CITATION : Harrisa v Puksand [2002] NSWSC 360 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 5543/01 HEARING DATE(S) : 24/04/2002 JUDGMENT DATE : 26 April 2002

PARTIES : Harissa Pty Ltd v Gray Puksand Pty Ltd JUDGMENT OF : Master Macready at 1

COUNSEL : Mr J.E. Armfield for plaintiff Mr J.T. Johnson for defendant SOLICITORS : Ashlars Lawyers for plaintiff Middletons Lawyers for defendant CATCHWORDS : Corporations Law. Application to set aside a statutory demand under s 459 of the Corporations Act. Demand set aside. No matter of principle. DECISION : Paragraph 18

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

MASTER MACREADY

FRIDAY 26 APRIL 2002

NO 005543/01 – HARISSA PTY LIMITED v GRAY PUKSAND PTY LTD

JUDGMENT:

1 MASTER: This is an application to set aside a statutory demand dated 31 October 2001 claiming a sum of $29,906.25 for architectural services provided by the defendant to the plaintiff. The amount is due for work done on a consolidated site development project and a Kia and used car site which have been constructed by the defendant for us in its business. They included use of a temporary and then a final Volvo showroom. 2 It is in respect of the architectural fees for the final Volvo showroom that a dispute and offsetting claim arises. That involved charges for architectural services amounting to $34,765.13, all of which have been paid by the plaintiff. 3 The plaintiff seeks to raise an offsetting claim for this amount or alternatively a genuine dispute if there is a running account between the parties. The genesis of the dispute lies in the relationship between the defendant architects and Volvo Australia. They apparently were nominated as one of the Volvo approved architects. 4 In a discussion on 20 February 2001 between Mr Azzi, of the plaintiff, and Mr Raadik of the defendant, the following occurred: "I said to Aldo Raadik words to the effect: