Airlaw v Leda [2003] NSWSC 528

New South Wales Supreme Court

CITATION : Airlaw v Leda [2003] NSWSC 528 HEARING DATE(S) : 11/06/03 JUDGMENT DATE : 12 June 2003 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : I order that the statutory demand dated 28 February 2003 served by the defendant on the plaintiff be varied by reducing the amount to $13,068.29 to take effect as and from twenty-one days from the date of service of the demand.

CATCHWORDS : Corporations Law. Application to set aside statutory demand under s 459G of the Corporations Act. Demand varied. No matter of principle. PARTIES : Airlaw Pty Limited v Leda Holdings Pty Limited FILE NUMBER(S) : SC 1993/03 COUNSEL : Mr C. Ward for plaintiff Mr J.R.J. Lockhart for defendant SOLICITORS : Lane & Lane for plaintiff John Meggitt for defendant

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

THURSDAY 12 JUNE 2003

1993/03 - AIRLAW PTY LIMITED v LEDA HOLDINGS PTY LIMITED

JUDGMENT 1 MASTER: This is an application to set aside a statutory demand served by the defendant on the plaintiff dated 28 February 2003 claiming an amount of $70,529.66 in respect of electricity charges and outgoings in pursuance of a lease between the plaintiff as lessee and the defendant as lessor. 2 There has been paid since the issue of the demand a sum of $41,879.03 to cover electricity costs, leaving a balance of $28,650.63. 3 The defendant, for the purposes of this application, only concedes there may be a genuine dispute in respect of certain outgoings and charges within the terms of the lease. Accordingly, it does not press the amount demanded in respect of the amount chargeable under the lease to the plaintiff in respect of those outgoings to the extent of $1,692.88. 4 The particular amounts are identified in a copy of BG1 and BG2, which I will mark as exhibit 5. There is thus a claimed amount of $26,957.75 subject apparently to some questions of interest. 5 The genuine dispute concerns the charging to the plaintiff of outgoings in respect of an industrial lease. The plaintiff has a lease of part of the blocks owned by the defendant and an appropriate proportion of the outgoings are those charged to the plaintiff. 6 This is provided for in clause 4.3(b) of the lease which is in the following terms: "Outgoings and other costs