NSW Caselaw
New South Wales Supreme Court
CITATION : Keith Soames Real Estate (Thornleigh) v Grabovsky [2009] NSWSC 866
HEARING DATE(S) : 27/07/09
JUDGMENT DATE : 27 July 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 27 July 2009
DECISION : 1. Order that the statutory demand dated 27 May 2009 served on the plaintiff be set aside; 2. Order that the defendant pay the plaintiff's costs and that the costs be assessed on the ordinary basis up to and including 10 June 2009 and on the indemnity basis thereafter.
CATCHWORDS : CORPORATIONS – statutory demand – application to set aside a statutory demand – demand for unliquidated damages not yet suffered for no articulated cause of action – no debt nor any other amount due and payable – statutory demand set aside – indemnity costs awarded
LEGISLATION CITED : Corporations Act 2001 (Cth) Residential Tenancies Act 1987 (NSW)
Alexander v Ajax Insurance Co Ltd [1956] VLR 436 CASES CITED : Box Valley Pty Ltd v Kidd [2006] NSWCA 26; (2006) 24 ACLC 471 Polaroid Australia Pty Ltd v Minicomp Pty Ltd (1998) 16 ACLC 529
TEXTS CITED : Farid Assaf, Statutory Demands: Law and Practice, (2008)
Keith Soames Real Estate (Thornleigh) Pty Ltd PARTIES : v Inna Grabovsky
FILE NUMBER(S) : SC 3198/09
COUNSEL : Plaintiff: H Woods Defendant: Mr I Grabovsky
SOLICITORS : Plaintiff: Michael Flaherty Solicitor Defendant: n/a
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
WHITE J
Monday, 27 July 2009
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