NSW Caselaw
New South Wales Supreme Court
CITATION : Parkview v Tracktech [2009] NSWSC 943
HEARING DATE(S) : 07/09/09
JUDGMENT DATE : 8 September 2009
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
EX TEMPORE JUDGMENT DATE : 8 September 2009
DECISION : Paragraph 48
CATCHWORDS : Corporations Law. Application to set aside statutory demand under s 459G of Corporations Act. Whether work was residential building work done by an unlicensed contractor. Effect of S10 of Home Building Act. Held no recovery allowed and demand set aside.
PARTIES : Parkview Constructions Pty Limited v Tracktech Pty Limited
FILE NUMBER(S) : SC 5585/08
COUNSEL : Mr ARR Vincent for plaintiff Mr B Zipser for defendant
SOLICITORS : Salim Rutherford Lawyers for plaintiff Charles G Roth FOR DEFENDANT
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE MACREADY
TUESDAY 8 SEPTEMBER 2009
5588/08 PARKVIEW CONSTRUCTIONS PTY LIMITED v TRACKTECH PTY LIMITED
JUDGMENT
1 HIS HONOUR: This is an application to set aside a statutory demand under section 459G of the Corporations Act. The application raises questions of whether there may be a genuine dispute as well as an offsetting claim. 2 The plaintiff is the head contractor for the building of a mixed residential. commercial and retail development at Alison Road, Randwick. Part of the development involved demolition of buildings and the erection of new residential accommodation and part involved the restoration of two existing terraces which would, once complete, be used for commercial purposes. 3 The defendant was engaged as a sub-contractor to do specialised heritage restoration work on the two terraces. 4 The statutory demand was dated 15 October 2008 and claimed a sum of $49,683 31 for the following: "Description of the Debt Amount of the Debt $49,683.31 Being an amount due in respect of services provided by Tracktech Pty Ltd to Parkview constructions Pty Ltd at its request pursuant to Subcontract Number 9957 Dated 22 January 2007 in respect of Project 3.061 details of which are contained in claim 9 dated 10 July 2008 provided by Tracktech Pty ltd to Parkview constructions Pty Ltd on or about that date." 5 I will deal with the allegation of a genuine dispute.
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