Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59

New South Wales Supreme Court

CITATION : Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59

HEARING DATE(S) : 01/12/06

JUDGMENT DATE : 12 February 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : 1. Order that the statutory demand dated 30 June 2006 served by the defendants on the plaintiff be set aside; 2. Order that the defendants pay the plaintiff's costs.

CATCHWORDS : CORPORATIONS – Winding-up – Winding-up in insolvency – Statutory demand – Application to set aside statutory demand – Plaintiff and defendants entered into contract in which defendants agreed to market plaintiff's property for sale – Contracts for sale of property exchanged – Defendants requested payment of "selling fee" payable under contract – Plaintiff paid half of selling fee – Sale of property collapsed – Defendants served plaintiff with statutory demand in respect of balance of selling fee – Whether s 36 Property, Stock and Business Agents Act 2002 (NSW) applicable to debt in respect of which statutory demand served – Where s 36 applicable – Whether documents sent by defendants to plaintiff on date of purported sale constituted a statement of claim satisfying s 36 – Where documents not a statement of claim satisfying s 36 – Whether debt not "due and payable" for failure to satisfy s 36 – s 459E(1) Corporations Act 2001 (Cth) considered – Re Elgar Heights Pty Ltd (No 1) [1985] VR 657 considered – Held that debt not "due and payable" – Order that statutory demand be set aside.

Corporations Act 2001 (Cth) Property, Stock and Business Agents Act 2002 (NSW) LEGISLATION CITED : Property, Stock and Business Agents Act 1941 (NSW) Property, Stock and Business Agents (General) Regulation 1993 (NSW) Auctioneers and Agents Act 1941 (NSW) Supreme Court Act 1958 (Vic)