NSW Caselaw
New South Wales Supreme Court
CITATION : Kerslake Superannuation Pty Ltd v C & L Building Pty Ltd [2010] NSWSC 424
HEARING DATE(S) : 06/05/10
JUDGMENT DATE : 6 May 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 6 May 2010
DECISION : (1) Order that the statutory demand dated 3 February 2010 served on the plaintiff by the defendant be varied by reducing the amount thereof to $8,214.18. (2) Declare that the statutory demand is to have had effect as so varied as from when the statutory demand was served on the plaintiff.
CATCHWORDS : CORPORATIONS - winding up - winding up in insolvency - statutory demand - application for order setting aside - offsetting claim alleged - extent to which such claim must be quantified in supporting affidavit as distinct from any subsequent affidavit - where subsequent quantification less than amount of statutory demand
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999, s 25 Corporations Act 2001 (Cth), ss 459G, 459H(1)(b), 459H(3), 459H(4)
CATEGORY : Principal judgment
CASES CITED : Broke Hills Estate Pty Ltd v Oakvale Wines Pty Ltd [2005] NSWSC 638; (2005) 23 ACLC 1266 Graywinter Properties Pty Ltd v Gas and Fuel Corporation Superannuation Fund (1996) 21 ACSR 581
PARTIES : Kerslake Superannuation Pty Ltd - Plaintiff C & L Building Pty Ltd - Defendant
FILE NUMBER(S) : SC 2010/050320
COUNSEL : Mr J T Johnson - Plaintiff Mr D A Allen - Defendant
SOLICITORS : O'Sullivan Saddington by their city agents Sally Nash & Co - Plaintiff Catalyst Legal - Defendant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate