Cultured Stone v Incy [2003] NSWSC 220

New South Wales Supreme Court

CITATION : Cultured Stone v Incy [2003] NSWSC 220 HEARING DATE(S) : 27/03/2003 JUDGMENT DATE : 27 March 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 24

CATCHWORDS : Corporations Law. Application to set aside statutory demand. Demand set aside. No matter of prinicple. PARTIES : Cultured Stone Australia Pty Ltd v Incy Pty Ltd FILE NUMBER(S) : SC 6093/2003 COUNSEL : Mr J.C. Thompson for plaintiff Mr G.B. Carolan for defendant SOLICITORS : Adams & Parnters for plaintiff Tress Cocks and Maddox for defendant

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

MASTER MACREADY

THURSDAY 27 MARCH 2003

6093/02 - CULTURED STONE AUSTRALIA PTY LIMITED T/AS SPRINGWOOD DRAFTING AND CONSTRUCTION SERVICE v INCY PTY LIMITED T/AS IN CITY CONCRETING

JUDGMENT

1 MASTER: This is an application to set aside a statutory demand dated 3 December 2002 served by the defendant on the plaintiff. The demand claims $39,462.53 pursuant to a judgment which was obtained by the defendant against the plaintiff in the District Court on 4 November 2002. 2 The underlying dispute arises from concreting work done by the defendant for the plaintiff on a building project being constructed by the plaintiff for Leura Fairways. 3 There were District Court proceedings between the parties in which the defendant in this case is the plaintiff in the District Court proceedings. In these proceedings the present defendant obtained summary judgment for part of this claim. The present plaintiff has brought a cross-claim in the District Court but that claim has not yet been determined. 4 There was an application for a stay of the District Court judgment, but that was refused on 23 December 2002. The demand had been served prior to that on 3 December 2002. 5 The plaintiff raises the following five offsetting claims: