TQM Design & Construct Pty Limited -v- M I Kitchen Design Pty Ltd [2011] NSWSC 800

Supreme Court New South Wales

Medium Neutral Citation: TQM Design & Construct Pty Limited -v- M I Kitchen Design Pty Ltd [2011] NSWSC 800 Hearing dates: 21 July 2011 Decision date: 21 July 2011 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Statutory Demand set aside Catchwords: CORPORATIONS - statutory demand - s 459J(1)(b) Corporations Act 2001 (Cth) - where demand is based on a default judgment debt and the judgment is rescinded - statutory demand set aside Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Scope Data Systems v BDO Nelson Parkhill (2003) 199 ALR 56 Category: Principal judgment Parties: TQM Design & Construct Pty Limited - Plaintiff M I Kitchen Design Pty Ltd - Defendant Representation: Counsel: E.N. Gramelis - Plaintiff T. Barber - Defendant Solicitors: Magna Carta Lawyers - Plaintiff Barber Lawyers - Defendant File Number(s): 2010/418765

ex tempore Judgment 1HIS HONOUR: The plaintiff is a builder. The defendant is a supplier of kitchens. On 13 July 2006 they entered into a contract which has given rise to controversy between them. 2On 3 February 2010, the defendant obtained default judgment against the plaintiff in the Local Court at Parramatta for the amount of $21,198.28, which included issue and service costs, and interest and legal costs. 3The defendant then served on the plaintiff a statutory demand dated 24 November 2010, the schedule to which is as follows: Description of the debt Amount of the debt (Indicate if it is a judgment debt, giving the name of the Court and the date of the orders) Parramatta Local Court $21,198.28