Professional Advantage Pty Ltd v Australian Broadcasting Commission [2007] NSWSC 607

New South Wales Supreme Court

CITATION : Professional Advantage Pty Ltd v Australian Broadcasting Commission [2007] NSWSC 607

HEARING DATE(S) : 08/06/07

JUDGMENT DATE : 8 June 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 8 June 2007

DECISION : 1. Order that the plaintiff's costs of the proceedings be paid by the defendant on the indemnity basis; 2. Order that the statutory demand dated 27/2/07 served by the defendant on the plaintiff be set aside.

CATCHWORDS : CORPORATIONS – Winding up – Statutory demand – Application for order setting aside under s 459G of the Corporations Act 2001 (Cth) – Where there is a genuine dispute about the existence of the debt – Existence of genuine dispute uncontested – Order that statutory demand be set aside. - PROCEDURE – Costs – Departing from the general rule – Order for costs on indemnity basis – Where procedure for issuing statutory demand used improperly to force payment of a debt known by defendant to be disputed – Where defendant persisted in claim notwithstanding that it ought to have been apparent that there was a genuine dispute as to the debts claimed – Order that defendant pay costs on indemnity basis. - (Cth) Corporations Act 2001, s 459G

LEGISLATION CITED : Corporations Act 2001 (Cth)

Polaroid Australia Pty Limited v Minicomp Pty Limited (1997) 16 ACLC 529 CASES CITED : Austrac Rail Pty Ltd v Hunter Premium Funding Pty Ltd [2001] NSWSC 654 CGI Information Systems & Management Consultants Pty Ltd v APRA Consulting Pty Limited (2003) 47 ACSR 100

Professional Advantage Pty Ltd PARTIES : v Australian Broadcasting Commission