Junior Mining v Platcher [2002] NSWSC 343

New South Wales Supreme Court

CITATION : Junior Mining v Platcher [2002] NSWSC 343 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1645 of 2002 HEARING DATE(S) : 19/04/02 JUDGMENT DATE : 22 April 2002

PARTIES : Junior Mining (Operations ) Pty Limited v Allan Platcher & Associates Pty Limited JUDGMENT OF : Master Macready at 1

COUNSEL : Mr S. Goodman for plaintiff Mr C.R. Newlinds for defendant SOLICITORS : Tzovara Legal for plaintiff Harris Wheeler for defendant CATCHWORDS : Corporations Law. Application to set aside a statutory demand under s 459G of the Corporations Law. Demand set aside. No matter of principle. DECISION : Paragraph 16

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

MASTER MACREADY

MONDAY 22 APRIL 2002

001645/02 - JUNIOR MINING (OPERATIONS) PTY LIMITED v ALLAN PLATCHER & ASSOCIATES PTY LIMITED

JUDGMENT

1 MASTER: This is an application under section 459G to set aside a statutory demand dated 4 February 2002 for a sum of $521,287.65. The demand arose out of a proposal for a joint venture in sapphire mining. The plaintiff operated a mine whose infrastructure was to be increased and the defendant was an investor. 2 The parties executed a deed dated 18 May 2001, which they drew up apparently without the benefit of lawyers. The deed contained a number of provisions, the more important for present purposes being as follows:

" DEED OF SETTLEMENT made this 18th day of May, 2001 between the following parties:- 1. JUNIOR MINING (OPERATIONS) PTY LIMITED (ACN 081 347 891) of Lot 1057 Rubyvale Road, Sapphire in the State of Queensland 2. ALLAN PLATCHER & ASSOCIATES of 12 Langford Road, Dural in the State of New South Wales