Medeco Group Pty Ltd v Cripps [2009] NSWSC 927

New South Wales Supreme Court

CITATION : Medeco Group Pty Ltd v Cripps [2009] NSWSC 927

HEARING DATE(S) : 28 August 2009

JUDGMENT DATE : 28 August 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 28 August 2009

DECISION : 1. Order that the originating process be dismissed; 2. Order the plaintiff to pay the defendant's costs; 3. Exhibit may be returned after 28 days.

CATCHWORDS : CORPORATIONS – statutory demand – application to set aside a statutory demand - whether application complied with s 459G(3) of the Corporations Act 2001 (Cth) where facsimile copy of affidavit in support of application to set aside demand was missing a line of text, and subsequent email copy was missing signatures – meaning of 'copy' – complete version of affidavit received albeit in the form of two documents - whether a genuine dispute that the debt claimed in statutory demand was not due and payable – default event under convertible note deed meant debt had become due and payable – plaintiff contended oral variation of deed suspended obligation to repay, conditional upon plaintiff making two interest payments - plaintiff failed to make second interest payment – no genuine dispute that debt not due and payable – application dismissed

LEGISLATION CITED : Corporations Act 2001 (Cth)

Bell Construction Services Pty Ltd v Form-Kwip Building Services Pty Ltd [2001] NSWSC 73 Robowash Pty Ltd v Robowash Finance Pty Ltd [2000] WASCA 409; (2000) 158 FLR 338 Kortz Ltd v Data Acquisition Pty Ltd [2006] FCA 1722; (2006) 155 FCR 556 CASES CITED : Bailey v Hinch [1989] VR 78 Austar Finance Group Pty Ltd v Campbell [2007] NSWSC 1493; (2007) 215 FLR 464 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACLC 669; (1994) 12 ACSR 785 Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund (1996) 70 FCR 452