NSW Caselaw
Reported Decision : 78 ACSR 600
New South Wales Supreme Court
CITATION : Saratoga v Canjs [2010] NSWSC 654
HEARING DATE(S) : 01/06/2010
JUDGMENT DATE : 21 June 2010
JURISDICTION : Equity Division
JUDGMENT OF : Macready AsJ at 1
Accordingly, upon the plaintiff giving an undertaking to the Court in the terms of the condition, I will make the following orders: DECISION : 1. Upon condition that if the defendants, or one or more of them, sue the plaintiff upon its guarantee or indemnity the plaintiff will not raise as a defence any equitable set off available to Saratoga Professional Services Pty Ltd unless it joins Saratoga Professional Services Pty Ltd as a party to such proceedings, I order that the statutory demand dated 5 February 2010 served on the plaintiff by the defendant be set aside. 2. I order the defendant to pay the plaintiff's costs.
CATCHWORDS : Corporations Law. Applicatgion to set aside statutory demand by a guarantor on various bases including an offsetting claim which relied upon an equitable set off held by the principal debtor. Held that equitable set off only needed to have the principal debtor as a party in the final determination of the claims. Demand set aside on condition as to joinder of necessary parties.
PARTIES : SARATOGA INTEGRATION PTY LIMITED v CANJS PTY LIMITED, ZIPOR PTY LIMITED and CAMPSIE MALL PTY LIMITED
FILE NUMBER(S) : SC 2010/54316
COUNSEL : Mr N Newton for plaintiff Mr A Canceri for defendant
SOLICITORS : Gadens Lawyers for plaintiff Beck Dunwoodie & Associates for defendant
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
Associate Justice Macready
Monday 21 June 2010
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