NSW Caselaw
New South Wales Supreme Court
CITATION : Endeavour v Fox [2003] NSWSC 831 HEARING DATE(S) : 4th and 9th September 2003 JUDGMENT DATE : 9 September 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :
CATCHWORDS : Corporations Law. Application to set aside a statutory demand under s 459G of the Corporations Act. Agreement for payment by instalments - no consideration fee agreement therefore no genuine dispute. Proceedings dismissed. PARTIES : Endeavour Film Management Pty Limited v Fox Studios Australia Pty Limited FILE NUMBER(S) : SC 1961/03 COUNSEL : S. Hughes for defendant SOLICITORS : B.D. Andrews & Co for defendant
- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
MASTER MACREADY
TUESDAY 9 SEPTEMBER 2003
1961/03 ENDEAVOUR FILM MANAGEMENT PTY LIMITED v FOX STUDIOS AUSTRALIA PTY LIMITED
JUDGMENT
1 MASTER: This is an application to set aside a statutory demand dated 20 February 2003 claiming a sum of $30,256.70. The plaintiff was a lessee from the defendant with offices at Fox Studios. 2 In June 2002 there were meetings between officers of the two companies to discuss arrears owing by the plaintiff under the lease. This led to a letter being sent by the plaintiff to the defendant in these terms: "14/6/02
ATTN: Nancy Fox Studios AUSTRALIA
RE: Rental arrears
As per our meeting of Wednesday last, please find enclosed a cheque for $4,500 as agreed.
To reiterate our arrangement, $6,000 is now payable monthly to encompass current rental/outgoings obligation with the balance reducing amounts outstanding.
Initial payment of $4,500 with balance of June (1,500) payable before end of June. $6,000 monthly payment payable in 2 installments of $3,000 each month with two weekly intervals.
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