Fina v Hills [2003] NSWSC 961

New South Wales Supreme Court

CITATION : Fina v Hills [2003] NSWSC 961 HEARING DATE(S) : 24/10/03 JUDGMENT DATE : 24 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : I make order 2 in the application. Costs should be on a party and party basis. Exhibits can be returned.

CATCHWORDS : Corporation Law - Application to set aside statutory demand - Demand set aside - No matter of principle PARTIES : Fina Group Pty Ltd v Hills Plumbing Pty Ltd FILE NUMBER(S) : SC 4983/03 COUNSEL : Iuliano for plaintiff Crisp for plaintiff SOLICITORS : Nescis Lawyers for plaintiff CK Lawyers for defendant

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

FRIDAY 24 OCTOBER 2003

4983/03 FINA GROUP PTY LIMITED V HILLS PLUMBING PTY LIMITED JUDGMENT 1 MASTER: This is an application to set aside a statutory demand served by the defendant on the plaintiff dated 27 August 2003 claiming the sum of $23,148. The defendant is a plumbing company and the plaintiff is a company which it is alleged owes money for contract plumbing work carried out on a site at Kings Cross over a period of many months. 2 The plaintiff raises two matters, which it says, are genuine disputes which entitle it to set aside the demand. One of them is whether the correct contracting party was the plaintiff or whether it was another company J D Holdings Pty Limited, which is now in liquidation. 3 The second genuine dispute is in relation to the amount of the claim. I have had various submissions as to the principles to be applied and I think probably the most useful summation of what is a genuine dispute is that given by McLelland CJ in Equity in Eyota Pty Limited v Hanave Pty Limited (1994) 12 ACLC 669. At page 671 his Honour made the following comments respect of the expression "Genuine dispute":