NSW Caselaw
New South Wales Supreme Court
CITATION : Demlakian Engineers Pty Ltd v Priority Plus Capital Pty Ltd [2009] NSWSC 155
HEARING DATE(S) : 11/03/09
JUDGMENT DATE : 11 March 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 11 March 2009
DECISION : Statutory demand set aside
CATCHWORDS : CORPORATIONS - winding up - statutory demand - application for order setting aside - whether genuine dispute as to existence of debt
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 459G, 459H(1)(a)
CATEGORY : Principal judgment
CASES CITED : Spacorp Australia Pty Ltd v Myer Stores Ltd [2001] VSCA 89
PARTIES : Demlakian Engineers Pty Ltd - Plaintiff Priority Plus Capital Pty Ltd - Defendant
FILE NUMBER(S) : SC 6183/08
COUNSEL : Mr A J Bulley - Plaintiff Ms T G Middleton, Solicitor - Defendant
SOLICITORS : Wright Commercial Lawyers - Plaintiff Macquarie Legal Practice - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
BARRETT J
WEDNESDAY 11 MARCH 2009
6183/08 DEMLAKIAN ENGINEERS PTY LTD v PRIORITY PLUS CAPITAL PTY LTD
JUDGMENT
1 The plaintiff makes application under s 459G of the Corporations Act 2001 (Cth) for an order setting aside a statutory demand dated 28 November 2008 served on it by the defendant. The debt or alleged debt to which the demand relates is in the sum of $36,180.11 and is described in the schedule to the document as follows: "Overpayment of monies paid by Priority Plus Capital Pty Ltd to Demlakian for work performed between 24 April 2006 and 23 August 2006 by Demlakian for Priority Plus Capital Pty Ltd at 9-23 Bruce Ave, Killara such overpayments being the following amounts paid in excess of the settlement monies of $115,705.15 received by Demlakian Engineers Pty Limited on the 23 April 2008 from Bruce Avenue Pty Limited on the behalf of Priority Plus Capital Pty Ltd pursuant to Deed of Assignment dated 15 April 2008.
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