Radiata Australia v ABB Australia [2004] NSWSC 919

New South Wales Supreme Court

CITATION : Radiata Australia v ABB Australia [2004] NSWSC 919 HEARING DATE(S) : 1 October 2004 JUDGMENT DATE : 1 October 2004 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Statutory demand set aside

CATCHWORDS : CORPORATIONS - winding up - setting aside statutory demand - whether bona fide dispute exists - no question of principle LEGISLATION CITED : Corporations Act 2001 Cth) CASES CITED : Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 PARTIES : Radiata Australia Pty Limited - Plaintiff ABB Australia Pty Limited - Defendant FILE NUMBER(S) : SC 2479/04 COUNSEL : A Iuliano - Plaintiff B Skinner - Defendant SOLICITORS : Surry Partners - Plaintiff Brook Worthington - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

CAMPBELL J

FRIDAY 1 OCTOBER 2004

2479/04 RADIATA AUSTRALIA PTY LIMITED v ABB AUSTRALIA PTY LIMITED JUDGMENT – Ex Tempore 1 HIS HONOUR: This is an application to set aside a statutory demand on the ground that there is a bona fide dispute as to the existence of the debt which justifies setting aside the demand. The statutory demand in question is one which was served on 31 March 2004. 2 The plaintiff is a company which appears to be involved in the timber industry, while the defendant is a company which supplies electrical equipment. 3 An agreement was entered into in 2003 whereby the defendant would carry out work relating to the engineering and building of a portable switch room, motor control centre and control station/PLC for a sawmill at Oberon. It appears to be common ground that there were various modifications requested to that equipment as the job progressed. There is evidence from Mr Erb, who is an executive of the defendant, that: "Between May 2003 and September 2003 Thomas Crawford orally requested a number of additional works to the initial order. Annexed hereto and marked "B", "C", "D", "E", "F" and "G" are copies of commercial variation orders ordered by Thomas Crawford. All additional works have been carried out by the Defendant except for the works in annexure "G" which is the work for the safety switch to the value of $1,673.00."