Toubia v Allianz [2004] NSWSC 475

New South Wales Supreme Court

CITATION : Toubia v Allianz [2004] NSWSC 475 HEARING DATE(S) : 07/05/2004 JUDGMENT DATE : 7 May 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 18

CATCHWORDS : Corporations Law. Application to set aside statutory demand. Genuine dispute as to part of debt. Demand reduced. No matter of principle. PARTIES : Toubia Constructions Pty Limited v Allianz Australia Insurance Limited FILE NUMBER(S) : SC 6059/2003 COUNSEL : Mr Heath for plaintiff Mr Baxter for defendant SOLICITORS : Konstan Lawyers for plaintiff Gells Lawyers for defendant

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

MASTER MACREADY

FRIDAY 7 MAY 2004

6059/03 - TOUBIA CONSTRUCTIONS PTY LIMITED v ALLIANZ AUSTRALIA INSURANCE LIMITED

JUDGMENT

1 MASTER: This is an application under s 459G to set aside a statutory demand dated 4 November 2003 for an amount of $35,452.46. The amount claimed was the amount paid by the defendant company as insurer to the insured. 2 The background facts are as follows:

1. The defendant company issued a policy of insurance whereby it insured the plaintiff in respect of construction damage in relation to construction work being carried out by the plaintiff at 52 President Avenue, Caringbah. The period of insurance described in the initial policy was 09.11.01 to 09.03.03 at 4.00 pm. The plaintiff paid to the defendant company the premium payable in respect of the aforementioned period of insurance.

2. The plaintiff sought and the defendant agreed, subject to the terms of the policy, to extend the period of the cover up to and including 5 August 2003. The plaintiff had received an invoice for the premium payable in respect of the last mentioned period being the tax invoice of the plaintiff's broker, OAMPS Insurance Brokers Limited ("OAMPS"), on 3 April 2003.