Cartwright Hill Pty Limited v Stargames Corporation Pty Limited [2003] NSWSC 703

New South Wales Supreme Court

CITATION : Cartwright Hill Pty Limited v Stargames Corporation Pty Limited [2003] NSWSC 703 HEARING DATE(S) : 20 March, 4, 16 April 2003 JUDGMENT DATE : 1 August 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that the originating process be dismissed; (2) I order that the Plaintiff pay the costs of the Defendant; (3) The exhibits, other than Exhibit C (which is to be retained), may be returned.

CATCHWORDS : Corporations - Statutory demand - Application to set aside - Demand must be in evidence - Whether affidavit suporting the application may be sworn on information and belief - Minimum content requirements of such affidavit - Genuine dispute as to existence or amount of debt - Offsetting claim - Not raised in the affidavit supporting the application - Purpose of mandatory requirements of section 459G(3) of Corporations Act - Asserted offsetting claim is no more than a hypothetical future loss, not yet suffered - Genuineness of asserted offsetting claim. Corporations Act 2001 LEGISLATION CITED : Gambling Machines Act 2001 Liquor Act 1982 Expressway Spares Pty Limited v CTK Engineering Pty Limited [2000] NSWSC 1200, Austin J, 12 December 2000 Eyota Pty Limited v Hanove Pty Limited (1992) 12 ACSR 785 CASES CITED : Graywinter Properties Pty Limited v Gas & Fuel Corporation Superannuation Fund (1996) 70 FCR 452 POS Media Online Limited v B Family Pty Limited (Austin J, 12 March 2003, unreported) Process Machinery Australia Pty Limited v ACN 057-260-590 Pty Limited [2002] NSWSC 45 (13 February 2002, unreported) PARTIES : Cartwright Hill Pty Limited (Plaintiff) Stargames Corporation Pty Limited (Defendant) FILE NUMBER(S) : SC 5378/02 COUNSEL : N. Kidd (Plaintiff) G. Sirtes (Defendant) SOLICITORS : Michie Shehadie & Co (Plaintiff) PricewaterhouseCoopers Legal (Defendant)