NSW Caselaw
New South Wales Supreme Court
CITATION : Fifth Estate Holdings Pty Limited v Anthony James Gee [2008] NSWSC 1052 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19 September 2008 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 19 September 2008
DECISION : The statutory demand dated 20 March 2008 directed by the defendant to the plaintiff is set aside. The defendant to pay the plaintiff's costs of the proceedings.
CATCHWORDS : CORPORATIONS – statutory demand – application by plaintiff to set aside the defendant's statutory demand under s 459G of the Corporations Act 2001 (Cth) – the defendant alleges an agreement between the parties under which the defendant is entitled to be paid consultancy fees – the plaintiff denies the existence of any agreement, or alleges a failure of consideration or performance by the defendant –statutory demand accordingly set aside on grounds that genuine dispute established
LEGISLATION CITED : Corporations Act 2001 (Cth)
CASES CITED : Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 24 ACSR 353 Solarite Air Conditioning Pty Ltd v York International Australia Pty Ltd [2002] NSWSC 411
PARTIES : Fifth Estate Holdings Pty Limited ACN 099 306 484 Anthony James Gee
FILE NUMBER(S) : SC 2370/2008
COUNSEL : D.A.C. Robertson (Plaintiff) G.B. Carolan (Defendant)
SOLICITORS : Osbornes Lawyers (Plaintiff)
- 3 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
HAMMERSCHLAG J
19 SEPTEMBER 2008
2370/2008 FIFTH ESTATE HOLDINGS PTY LTD v ANTHONY JAMES GEE
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