Soudan Lane Pty Limited v Glen Bradshaw trading as Pacific Coast Digital [2007] NSWSC 772

New South Wales Supreme Court

CITATION : Soudan Lane Pty Limited v Glen Bradshaw trading as Pacific Coast Digital [2007] NSWSC 772

HEARING DATE(S) : 22/06/07

JUDGMENT DATE : 22 June 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 22 June 2007

DECISION : 1. By consent, upon the condition that the plaintiff's cheque for $36,400 paid today is met upon presentation, the creditor's statutory demand served on the plaintiff by the defendant dated 29 November 2006 be set aside; ; 2. Upon the condition that the plaintiff's cheque for $36,400 paid today is met upon presentation, I order that the defendant pay the plaintiff's costs of the proceedings; 3. The exhibits may be returned after 28 days.

CATCHWORDS : CORPORATIONS – Winding up – Statutory demand – Order setting aside under s 459G of the Corporations Act 2001 (Cth) made by consent – Where there was at all times a genuine dispute about the existence of the debt – Costs – Exception to general rule that costs orders will not be made where no hearing on merits of case – Where defendant acted unreasonably in serving statutory demand and not agreeing to its withdrawal – Order that defendant pay plaintiff's costs. - (CTH) Corporations Act 2001, ss 459G, 459H

LEGISLATION CITED : Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW)

Re The Minister for Immigration and Ethnic Affairs Ex Parte Lai Qin (1997) 186 CLR 622 Eyota Pty Limited v Hanave Pty Limited (1994) 12 ACSR 785 CASES CITED : Polaroid Australia Pty Ltd v Minicomp Pty Ltd (1998) 16 ACLC 529 CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd (2003) 47 ACSR 100 Jem Number Four Pty Ltd v Southern Cross Construction (NSW) Pty Ltd [2006] NSWSC 602 Gee Ha Pty Ltd v Dera Developments Pty Ltd [2007] NSWSC 95