The Builder & Construction Group International Pty Ltd v Datalec Services Pty Ltd [2009] NSWSC 1136

New South Wales Supreme Court

CITATION : The Builder & Construction Group International Pty Ltd v Datalec Services Pty Ltd [2009] NSWSC 1136

HEARING DATE(S) : 23/09/09

JUDGMENT DATE : 23 September 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 23 September 2009

DECISION : 1. Order that the originating process be dismissed; 2. Order that the plaintiff pay the defendant's costs on the ordinary basis.

CATCHWORDS : CORPORATIONS - statutory demand - application to set aside a statutory demand - no genuine dispute as to existence or amount of the debt - application dismissed

LEGISLATION CITED : Corporations Act 2001 (Cth)

Macleay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 CASES CITED : Karimbla Construction Services Pty Ltd v Alliance Group Building Services Pty Ltd [2003] NSWSC 617 Reinsurance Australia Corp Ltd v Odyssey Re (Bermuda) Ltd [2000] NSWSC 1118; (2001) 19 ACLC 401

TEXTS CITED : Finnane, Newton and Wood, Equity Practice and Precedents, (2008)

PARTIES : Plaintiff: The Builder & Construction Group International Pty Ltd Defendant: Datalec Services Pty Ltd

FILE NUMBER(S) : SC 3095/09

COUNSEL : Plaintiff: A McMinn (sol'r) Defendant: D Bernie

SOLICITORS : Plaintiff: RBHM Commercial Lawyers Defendant: Bayside Solicitors

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

WHITE J

Wednesday, 23 September 2009

3095/09 The Builder & Construction Group International Pty Ltd v Datalec Services Pty Ltd JUDGMENT 1 HIS HONOUR: This is an application under s 459G of the Corporations Act 2001 (Cth) to set aside a statutory demand. The statutory demand is dated 14 May 2009. In it the defendant claimed that the plaintiff owed it $49,720 in relation to unpaid electrical contracting services supplied by the defendant to the plaintiff at the plaintiff's request. 2 The affidavit supporting the application to set aside the demand, which was filed and served within the 21-day period prescribed by s 459G, showed that the claimed debt arises from the performance by the defendant as an electrical subcontractor of electrical contracting works at a site in George Street Sydney, pursuant to a subcontract with an initial value of $77,260. The debt the subject of the statutory demand is also the subject of an invoice numbered 2543 which describes it as follows: " Progress claim 1 1. Supply and install lighting and all power wiring as per quotation ... at the above premises $45,200.00 GST: $ 4,520.00 Total Inc GST: $49,720.00 "