Joadja Whiskey v Abraham [2007] NSWSC 860

Reported Decision : (2007) 25 ACLC 1,160

New South Wales Supreme Court

CITATION : Joadja Whiskey v Abraham [2007] NSWSC 860 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 26 July 2007 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 26 July 2007

DECISION : The statutory demand dated 15 November 2006 is set aside. No order as to costs

CATCHWORDS : CORPORATIONS – Application brought under one of ss 459H(1)(a), 459J(1)(a) or 459J(1)(b) of the Corporations Act 2001 (Cth) ("the Act") for an order that a statutory demand be set aside – Statutory demand addressed to and served on two judgment debtor companies – Whether genuine dispute as to existence of debt where judgment initially unclear as to whether given against plaintiff but subsequently amended under the "slip rule" to affirm this – Corrections under "slip rule" speak from date of original judgment – Where debt is a judgment debt there cannot be genuine dispute as to its existence within meaning of s 459H of the Act – Uncertainty of terms of judgment nonetheless constitutes "some other reason" why demand should be set aside under s 459J(1)(b) of the Act – Prescribed form 509H makes no provisions for a demand on more than one company – Not permissible to serve single combined statutory demand on more than one company – Defect in demand which would cause substantial injustice within meaning of s 459J(1)(a) of the Act unless set aside

Corporations Act 2001 (Cth) LEGISLATION CITED : Industrial Relations Act 1996 (NSW) Industrial Relations Commission Rules 1996 Acts Interpretation Act (Cth)