Business to All Australia Pty Ltd -v- North East Developments Pty Limited (Receivers and Managers Appointed) [2011] NSWSC 668

Supreme Court New South Wales

Medium Neutral Citation: Business to All Australia Pty Ltd -v- North East Developments Pty Limited (Receivers and Managers Appointed) [2011] NSWSC 668 Hearing dates: 22 June 2011 Decision date: 22 June 2011 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: The statutory demand dated 25 January 2011 from the defendant to the plaintiff be set aside Catchwords: CORPORATIONS - Corporations Act 2001 (Cth) ss 459G(1), 459J(1)(a), 459J(2) - statutory demand - defect in the demand - where description of debt does not identify the basis for the indebtedness - where the claim or part of it cannot on its face and having regard to concessions made be a debt but must be unliquidated damages - demand set aside Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Panel Tech Industries v Australian Skyreach (No 2) [2003] NSWSC 896 Category: Principal judgment Parties: Business to All Australia Pty Ltd - Plaintiff North East Developments Pty Limited (Receivers and Managers Appointed) - Defendant Representation: Counsel: J.A. Jobson with E.A. Weisske - Plaintiff C.R. de Robillard - Defendant Solicitors: Andresakis & Associates - Plaintiff Herbert Geer, Lawyers - Defendant File Number(s): 2011/48589

ex tempore Judgment 1HIS HONOUR: This is an application under s 459G(1) of the Corporations Act 2001 Cth ("the Act") to set aside a statutory demand dated 24 January 2011 which the defendant served on the plaintiff on 25 January 2011 ("the demand"). The demand claims $35,901.55. It provides the following description of the debt. DESCRIPTION OF THE DEBT AMOUNT OF THE DEBT Debt owing by the Company as lessee pursuant to a lease between the Company and the Creditor registered with the Land and Property Management Authority and allocated Registration Number AF 715501 for the period 1 February 2010 to 31 January 2016. $35,901.55 Total Amount $35,901.55