Global Crushers & Spares Pty Ltd v Becker Vale Pty Limited [2011] NSWSC 1160

Supreme Court New South Wales

Medium Neutral Citation: Global Crushers & Spares Pty Ltd v Becker Vale Pty Limited [2011] NSWSC 1160 Hearing dates: 13/07/11 and 9/8/11 Decision date: 29 September 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: 1. I set aside the statutory demand dated 8 December 2010 served by the defendant on the plaintiff. 2. I order the defendant to pay the plaintiff's costs of the proceedings pursuant to section 459N of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS - application under ss 459G and 459H(1)(b) of the Corporations Act 2001 (Cth) - application made on the basis there is a genuine dispute and that an offsetting claim exists - HELD - there is a genuine dispute as to whether there was substantial performance of the contract - a genuine offsetting claim established - statutory demand set aside. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Anderson Formrite Pty Ltd v Rapid Metal Developments (Aust) Pty Ltd [2002] WASC 232 BBB Constructions Pty Ltd v Frankipile Australia Pty Ltd (2008) 68 ACSR 1 Collier Nominees Pty Ltd v Consolidated Constructions Pty Ltd (New South Wales Supreme Court, 3 July 1998, unreported) Cordon Investments Pty Limited v Lesdor Properties Pty Limited 1073 [2010] NSWSC 1073 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACLC 669 Global Paving Pty Ltd v TJM Operations Pty Ltd [2011] VSC 190 Hoenig v Isaacs (1952) 2 All ER 176 John Holland Construction & Engineering Pty Ltd v Kilpatrick Green Pty Ltd (1994) 14 ACSR 250 Category: Principal judgment Parties: Global Crushers & Spares Pty Ltd (Plaintiff) Becker Vale Pty Limited (Defendant) Representation: Counsel: Mr D Pritchard SC and Mr A Kaufman (for the plaintiff) Mr SA Goodman (for the defendant) Solicitors: RK Lawyers File Number(s): 2010/429686