Crystal v ACN [2004] NSWSC 1170

New South Wales Supreme Court

CITATION : Crystal v ACN [2004] NSWSC 1170 HEARING DATE(S) : 1/12/04 JUDGMENT DATE : 6 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 31

CATCHWORDS : Corporations Law. Application to set aside demand under s 459G of the Corporations Act. Demand varied. No matter of principle. PARTIES : Crystal Pools Pty Limited v ACN 065 706 952 Pty Ltd FILE NUMBER(S) : SC 4659 of 2004 COUNSEL : Mr R.K. Weaver for plaintiff Mr C.F Grinter for defendant SOLICITORS : Kevin E. Worthington John Brent & Co

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

Master Macready

Monday 6 December 2004

4659 of 2004 Crystal Pools Pty Limited v ACN 065 706 952 Pty Ltd

JUDGMENT

1 MASTER: This is an application under the Corporations Act 2001 (Cth) pursuant to s 459G of that Act to set aside a statutory demand for payment served by the debtor on the plaintiff. The demand was dated 5 August 2004 and claimed monies and commissions owed by the plaintiff to the defendant who was a sale agent for the plaintiff company. The total amount claimed in the demand was $70,472.00 and the affidavit in support attached a schedule of the various contracts showing the amount of commission claimed in respect of each contract obtained by the defendant company. 2 As the name of the plaintiff would suggest, the defendant company was appointed as agent for the plaintiff to sell swimming pool installations to various residential customers. The agent was responsible for signing up the customer with the plaintiff on its standard form contracts and negotiating the amount of the price to be paid by the customer. 3 The defendant's initial appointment was pursuant to a letter of 16 March 2000. There was a break in the period that the defendant was acting as agent in June 2000 until November 2003. There was then a letter of 10 November 2003 which made certain changes to the original contract. The terms of that contract do not impact on what has to be decided in this matter. 4 The following clauses from the original letter of 16 March 2003 are relevant to the determination of the issues before me. 2. Your Company has accepted the present remuneration scheme (which may be changed from time to time by Crystal Pools on one week's notice) described here: * Commissions and Bonuses will apply as per that described in the Crystal Pools Price List as updated from time to time, according to the following formula: