Bass Group v Freedom Fuels [2009] NSWSC 1368

Dated the 16th day of July 2009" 2 There was then attached a schedule for each account, a listing of invoices, invoice date, due date and the amount. There are many invoices and it is not surprising given the amounts due. 3 In a later affidavit filed by the defendants they concede that the accounts BAS 018 and ONSI 018 relate not to the defendant but to a related company. They therefore submit the amount should be reduced to $3,353,094.75 pursuant to Section 459 H (4). 4 It is plain that there is a genuine dispute as to the amounts of $8,879.26 and $260,930.54 in those accounts which amount to an overstatement of 7.45 percent. 5 There were limited grounds in the affidavit in support for setting aside the demand. These were in paragraph 5 of the affidavit which was in these terms: "I have read the Affidavit of Mathew Charles Morland, sworn 16 July 2009, and I reply to that affidavit as follows: As to paragraphs 3 and 4: (a) in relation to accounts BAS 018, ONSI 172 and ONSI 018, whilst the Plaintiff has from time to time received a schedule, similar to Schedule A referred to in the Credit's Statutory Demand, it has not receive any of the tax invoices listed in those schedules. (b) Accordingly, the Plaintiff has no way of verifying that what it is being asked to pay for is in fact what has been delivered to it. (c) Further, the Plaintiff has never agreed that the amounts alleged to be due did in fact fall due on the dates listed. If the allegation is made on the basis of terms contained in the invoices listed, the payment terms are not known to the Plaintiff. (d) In relation to Account BAS 017, the Plaintiff has received some, but not all of the invoices listed in Schedule A referred to in the Creditor's Statutory Demand. (e) However, the Plaintiff suspects that some of the amounts invoiced under account BAS 017 may have already been invoiced under one of either accounts BAS 018, ONSI 172 or ONSI 018. (f) In order for the Plaintiff to ascertain that it has received all of the product for which it is being invoiced, it must carry out an account reconciliation which can only be done upon receipt of all the invoices listed in Schedule A referred to in the Creditor's Statutory Demand and only if those invoices contain a description and breakdown of the type of productions, quantity of products and itemised charges, for the products alleged to have been delivered. As to paragraph 5: (g) I deny that the sum of $3,622,904.05 is due and payable by the Plaintiff. As to paragraph 6: