Vertical v Time [2008] NSWSC 1024

New South Wales Supreme Court

CITATION : Vertical v Time [2008] NSWSC 1024

HEARING DATE(S) : 29/09/08

JUDGMENT DATE : 24 October 2008

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

DECISION : Paragraph 20

CATCHWORDS : Corporations Law. Application to set aside statutory demand under s459G of the Corporations Act. Whether the demand was in respect of a debt. Held it was not. Demand set aside.

PARTIES : Vertical Telecoms Pty Limited v Time On Systems Pty Limited

FILE NUMBER(S) : SC 1857/2008

COUNSEL : Mr Ash for plaintiff Mr Keith Williams in person for defendant

SOLICITORS : Eakin McCaffery Cox for plaintiff

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

ASSOCIATE JUSTICE MACREADY

Friday 24 October 2008

1851/08 VERTICAL TELECOMS PTY LIMITED v TIME ON SYSTEMS PTY LIMITED

JUDGMENT

1 HIS HONOUR: This is an application under section 459G of the Corporations Act 2001 to set aside a statutory demand dated 22 February 2008 served by the defendant on the plaintiff. The plaintiff did not serve its submissions in accordance with the directions I made in this matter. Accordingly, I gave the defendant an opportunity to reply in writing after the hearing and those submissions have now been received. 2 The description of the debt in the demand is in the following terms: "Description of the debt Amount of the debt The debt is for the illegal conversion and usage of a router invoiced to the company on the 14/02/2008 (invoice number 1939) and due for $243,100.00 payment within 7 days, a dispute was lodged and that dispute was settled by way of a credit. No other dispute has been made or forwarded. Less credit $26,400.00 Total amount $216,700.00