Drillsearch Energy Ltd v Carling Capital Partners Pty Ltd [2009] NSWSC 1192

New South Wales Supreme Court

CITATION : Drillsearch Energy Ltd v Carling Capital Partners Pty Ltd [2009] NSWSC 1192

HEARING DATE(S) : 27/10/09

JUDGMENT DATE : 9 November 2009

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Order that statutory demand be set aside

CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside statutory demand - whether genuine dispute as to existence of each of several debts referred to in the demand - two debts said to be "as per" letter alleged by defendant to have contractual force - whether letter in terms contractual - whether director of plaintiff had authority to commit to any such contract - plausible contentions in the negative on each matter - genuine dispute therefore established - where debt said to be due under earlier contract - question of construction of that contract regarding the word "acquisition" used in the context of a takeover bid - plausible contentions in support of each of two possible meanings - the question of construction is not suitable for determination on this application - genuine dispute therefore established - where company's response to invoice was to say that it thought relevant work was covered by fees paid earlier and to seek further particulars - no particulars given - genuine dispute therefore established

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 459G, 459H(1)(a), 608(8), 650G, 671B

CATEGORY : Principal judgment

Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337 Delnorth Pty Ltd v State Bank of New South Wales (1995) 17 ACSR 379 at 384 CASES CITED : Financial Solutions Australasia Pty Ltd v Predella Pty ltd [2002] WASCA 51; (2002) 26 WAR 306 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Wellnora Pty Ltd v Fiorentino [2008] NSWSC 483; (2008) 66 ACSR 229