Advanced Real Estate v Holland [2004] NSWSC 364

New South Wales Supreme Court

CITATION : Advanced Real Estate v Holland [2004] NSWSC 364 HEARING DATE(S) : Friday 30 April 2004 JUDGMENT DATE : 30 April 2004 JURISDICTION: Equity JUDGMENT OF : Master Macready at 1 DECISION : In each matter I order that the creditor's statutory demand for payment issued by the defendant and served on the plaintiff should be set aside. I order the defendants to pay the plaintiff's costs on an indemnity basis.

CATCHWORDS : Corporations law -- Application to set aside statutory demand -- Demand set aside -- No matter of principle Advanced Real Estate (NSW) Pty Limited PARTIES : v Jackie Edwards Paul Graeme Holland FILE NUMBER(S) : SC 2149/04; 2150/04 COUNSEL : G Carolan - Plaintiff SOLICITORS : Phillip Saul - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master Macready

Friday 30 April 2004

2149/04 Advanced Real Estate (NSW) Pty Limited v Jackie Edwards 2150/04 Advanced Real Estate (NSW) Pty Limited v Paul Graeme Holland JUDGMENT 1 MASTER: These are applications to set aside statutory demands in which demands were made for moneys said to be due to each of the persons set out in the summons and which arise pursuant to an alleged employment agreement between the company and that person.

2 The company is a company that operated a number of L J Hooker franchises, and it proposed to set up a new franchise at a new office. After the office was constructed, Mr Bryan Richard Harper, who was going to be originally the franchise manager, was in the office and was carrying out his own business, not the L J Hooker franchise business during the course of the relevant period.