Denet Pty Limited v Global Marketing Group International Pty Limited [2001] NSWSC 904

Reported Decision : (2002) 20 ACLC 301

New South Wales Supreme Court

CITATION : Denet Pty Limited v Global Marketing Group International Pty Limited [2001] NSWSC 904 FILE NUMBER(S) : SC 2808/01 HEARING DATE(S) : 5 October 2001 JUDGMENT DATE : 5 October 2001

PARTIES : Denet Pty Limited (Plaintiff) Global Marketing Group International Pty Limited (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : G. Lucarelli (Plaintiff) M. Young (Defendant) SOLICITORS : Minter Ellison (Plaintiff) Dixon Dupont Lawyers (Defendant) LEGISLATION CITED : Corporations Act 2001 CASES CITED : Expressway Spares v CTK Engineering (2000) NSWSC 1200 (12 December 2000) DECISION : 1. I make an order as in prayer 1 in the originating process.; 2. I order that, subject to any costs orders already made, the defendant pay the costs of the plaintiff, such cost to be on the party and party basis.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION 2808 of 2001 Master McLaughlin

Friday, 5 October 2001 DENET PTY LIMITED -V- GLOBAL MARKETING GROUP INTERNATIONAL PTY LIMITED

Judgment 1 MASTER: By originating process filed on 28 May 2001, the plaintiff, Denet Pty Limited, seeks substantively an order in the following terms:

(1). An order that the creditor's statutory demand for payment of debt dated 9 May 2001 and served on Consolidated Credit Network Pty Limited ACN 073569007, now called Denet Pty Limited, on 10 May 2001, by Global Marketing Group International Pty Limited ACN 094353116, be set aside. 2 The defendant named in the originating process is Global Marketing Group International Pty Limited. 3 The plaintiff brings the present proceedings pursuant to the provisions of Division 3 of Part 5.4 of the Corporations Law, which has now been replaced by the identical Division and Part of the Corporations Act 2001. 4 The plaintiff asserts that there is a genuine dispute between itself and the defendant about the existence or the amount of the debt to which the demand relates, and further that the plaintiff has an offsetting claim against the defendant. 5 The statutory demand was placed in evidence as Exhibit A at the hearing of the proceedings. It had not been annexed to any of the affidavits which had been filed in the proceedings. The absence of the statutory demand from the evidence until the hearing is a matter to which I shall return later in this judgment. 6 By the statutory demand the defendant claims payment to it by the plaintiff of an amount of $331 432, being the amount of the debt described in the schedule. The schedule to the demand contains under the heading "Description of Debt" the following: "Amount owing for marketing services from 31.10.00 to 28.2.01 as follows: