NSW Caselaw
New South Wales Supreme Court
CITATION : EOC Group Pty Limited v Harry the Hirer Pty Ltd [2007] NSWSC 1358
HEARING DATE(S) : 23 November 2007 JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 23 November 2007
DECISION : The statutory demand be set aside. Defendant to pay plaintiff's costs of the proceedings.
CATCHWORDS : CORPORATIONS - Statutory demand - application to set aside under s 459H - genuine dispute - whether plaintiff became liable to defendant by novation - novation not established - genuine dispute that debt not owed by plaintiff
LEGISLATION CITED : Corporations Act 2001 (Cth)
CASES CITED : Barclay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 Solarite Air Conditioning v York International Australia Pty Ltd [2002] NSWSC 411
PARTIES : EOC Group Pty Limited (ANN 125 319 486) Harry the Hirer Pty Ltd (ACN 004 959 362)
FILE NUMBER(S) : SC 4375/2007
COUNSEL : M. Ashhurst SC with S. O'Brien (Plaintif) M.J. Cohen (Defendant)
SOLICITORS : Gye Associates (Plaintiff) Gadens Lawyers (Defendant)
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
HAMMERSCHLAG J
23 NOVEMBER 2007
4375/2007 EOC GROUP PTY LIMITED v HARRY THE HIRER PTY LIMITED EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application under s 459H of the Corporations Act 2001 (Cth) to set aside a statutory demand dated 14 August 2007 for $148,965.48 made by the defendant on the plaintiff. 2 The defendant is an event specialist, servicing Australia's event, party and exhibition industry. 3 The plaintiff asserts a genuine dispute as to the existence of the debt to which the demand relates. It says that the defendant has made demand on the wrong entity. It says that the true debtors are two other entities, EOC Events Pty Ltd (in liquidation) ("Events") and EOC Media Pty Ltd (in liquidation) ("Media"). 4 The plaintiff was incorporated on 9 May 2007. 5 By a Business Sale Agreement dated 30 May 2007 the plaintiff (as Buyer) acquired, as a going concern from the EOC Group of companies, (which included Events and Media and other entities whose names commenced with the letters EOC) (as Seller) all their physical and intangible assets.
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