Walltech Building Systems Limited –v- Nathanial Ira Gerlich [2008] NSWSC 1048

New South Wales Supreme Court

CITATION : Walltech Building Systems Limited –v- Nathanial Ira Gerlich [2008] NSWSC 1048

HEARING DATE(S) : 25 August 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 25 August 2008

DECISION : The Originating Process in each of the matters is dismissed. The plaintiff to pay the defendants' costs in each case. In proceedings 5883/2008, the Statutory Demand dated 2 July 2008 is varied to claim $783,803.51, to take effect as and from 2 July 2008. The Originating Process in that matter is otherwise dismissed with no order as to costs.

CATCHWORDS : CORPORATIONS – Statutory Demands – plaintiff makes applications under s 459G of the Corporations Act 2001 (Cth) ("the Act") to set aside various Statutory Demands – alleges Demands should be set aside on grounds of "some other reason" pursuant to s 459J(1)(b) of the Act – plaintiff alleges that "some other reason" exists because: the affidavit supporting each Demand does not comply with the requirements of Form 7, as prescribed by r 5.2(a) of the Supreme Court (Corporations) Rules 1999, because it does not identify the source of the deponent's knowledge - or alternatively that, even if it complied, the evidence of the deponent was hearsay and did not sufficiently identify the source of the deponent's knowledge – in the circumstances neither contention sustainable – applications to set aside the Statutory Demands accordingly dismissed

LEGISLATION CITED : Corporations Act 2001 (Cth) Supreme Court (Corporations) Rules 1999

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