Green Pacific v TechCommGreen Pacific v TechComm [2006] NSWSC 482

New South Wales Supreme Court

CITATION : Green Pacific v TechCommGreen Pacific v TechComm [2006] NSWSC 482

HEARING DATE(S) : 11 & 12 May 2006

JUDGMENT DATE : 29 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 52

CATCHWORDS : Corporations. Application to set aside statutory demand. Demand reduced by a small amount. No matter of principle.

PARTIES : Green Pacific Energy Limited v TechComm Simulation Pty Limited Green Pacific Energy Stapylton No 1 Pty Ltd v TechComm Simulation Pty Limited

FILE NUMBER(S) : SC 5000 of 2005; 5001 of 2005

COUNSEL : Mr J Mitchell for plaintiff Mr B Coles QC and J Gooley for defendant

SOLICITORS : Cateo Pty Limited for plaintiff Swaab Attorneys for defendant

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

Associate Justice Macready

Monday 29 May 2006

5000 of 2005 Green Pacific Energy Limited v TechComm Simulation Pty Limited 5001 of 2005 Green Pacific Energy Stapylton No 1 Pty Limited v TechComm Simulation Pty Limited JUDGMENT 1 His Honour: This is the hearing of two applications to set aside statutory demands under section 459G of the Corporations Act 2001 (Cth). These matters have been heard together and I have ordered that the evidence in one be evidence in the other. 2 On 26 August 2005 Techcomm Simulation Pty Ltd ("TechComm") served a statutory demand on Green Pacific Energy Stapylton No. 1 Limited ("GPE Stapylton"). On the same day TechComm served a statutory demand on Green Pacific Energy Ltd ("GPE"). 3 In both statutory demands TechComm seeks $960,857.57 as a debt due and payable by GPE Stapylton and GPE to TechComm.

4 In the GPE Stapylton statutory demand the debt is described in the Schedule to that demand as follows: "Amount owed by the company on unpaid invoices rendered by the creditors during the period 29 October 2004 to 31 July 2005 … $969,586.07