NSW Caselaw
New South Wales Supreme Court
CITATION : Byrne Lewis v Colt Tollfab [2009] NSWSC 706
HEARING DATE(S) : 10 July 2009
JUDGMENT DATE : 28 July 2009
JURISDICTION : Equity
JUDGMENT OF : Tamberlin AJ
1. The Statutory Demand served on Byrne Lewis Group Pty Limited is set aside. DECISION : 2. The Statutory Demand served on Byrne Lewis Construction Pty Limited is set aside. 3. The defendant is to pay the plaintiffs' costs of the applications to set aside the Statutory Demands outlined in orders 1 and 2 respectively.
CATCHWORDS : CORPORATIONS - statutory demand for payment of debt - application to set aside - whether genuine dispute as to existence of debt - dispute as to identity of contracting parties – CONTRACT – whether a contract comes into being between two parties – effect of subsequent conduct – when did the contract come into existence
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Principal judgment
Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979] 1 All ER 965 CASES CITED : Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) [2004] NSWSC 527; (2004) 185 FLR 130
1741/2009 Byrne Lewis Construction Pty Limited (Plaintiff) Colt Tollfab Pty Limited (Defendant) PARTIES : 1742/2009 Byrne Lewis Group Pty Limited (Plaintiff) Colt Tollfab Pty Limited ( Defendant)
FILE NUMBER(S) : SC 1741/2009; 1742/2009
COUNSEL : L Byrne (Plaintiffs) S A Wells (Defendant)
SOLICITORS : Crisp Lawyers (Plaintiffs) Carney Lawyers ( Defendant)
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