Detail v Kleenkut Stratti v Kleenkut [2003] NSWSC 643

New South Wales Supreme Court

CITATION : Detail v Kleenkut Stratti v Kleenkut [2003] NSWSC 643 HEARING DATE(S) : 11/07/03 JUDGMENT DATE : 14 July 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Corporations Law. Application to set aside statutory demand. Effect of a stay when debt ordered to be paid by instalments. Demand set aside under s 459J(1)(b). PARTIES : Detail Rock Tooks Pty Limited v Kleenkut Pty Limited Stratti Ocean & Earth works v Kleenkut Pty Limited FILE NUMBER(S) : SC 2630/03; 2632/03 COUNSEL : Mr Ash for defendant SOLICITORS : Mr Orlizki and Norman Waterhouse for plaintiff R.A. Dunbier & Associates for defendant

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

MASTER MACREADY

MONDAY 14 JULY 2003

2630/03 - DETAIL ROCK TOOLS PTY LIMITED v KLEENKUT PTY LIMITED

2632/03 – STRATTI OCEAN & EARTHWORKS v KLEENKUT PTY LIMITED

JUDGMENT

1 MASTER: This is a hearing of two matters which are related. In each, the defendant issued a statutory demand dated 11 April 2003 for an amount, which is debatable, of $38,642.27 under the Local Court judgment obtained on 1 April 2003. The judgment was obtained following the assessment of party and party costs ordered to be paid in proceedings in the Industrial Relations Commission on 23 August 2002. 2 The statutory demand was served on 14 April 2003. On 1 May 2003 the plaintiff made an application to the Local Court to pay by instalments. On that day the Registrar made an order for payment by instalments at $3,000 per month, with the first payment due on 31 May 2003. 3 The plaintiff raises three matters: (a) there is some other reason to set aside the demand as there is a stay; (b) that the demands which were separately issued to joint debtors are duplicitous; (c) various formal defects in the demand. 4 I turn to each of these matters. The stay. Part 27 Rule 2(13) of the Local Court (Civil Claims) Rules, 1998, provides: "Where the court or the registrar makes an instalment order under this rule, the order shall, while it remains in force, operate as a stay of enforcement of the judgment in respect of which the order was made, except enforcement by way of a garnishee order to which section 48 of the Act applies made before the order under this rule was made."