Offshore and Ocean Engineering v Greenwich Contractors [2012] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: Offshore and Ocean Engineering v Greenwich Contractors [2012] NSWSC 889 Hearing dates: 26/07/2012 Decision date: 26 July 2012 Jurisdiction: Equity Division - Corporations List Before: McDougall J Decision: Vary demand; extend time for compliance Catchwords: [CORPORATIONS] - statutory demand - application to set aside - whether Graywinter principles apply to preclude reliance on grounds not expressly or by inference identified in supporting affidavit - whether genuine dispute as to existence of debt. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Graywinter Properties Pty Ltd v Gas and Fuel Corporation Superannuation Fund (1996) 70 FCR 452 In the matter of Homeward Bound Export Cherry Project Pty Ltd [2012] Process Machinery Australia Pty Ltd v ACN 057 262 590 Pty Ltd [2002] NSWSC 45 Tokich Holdings Limited v Sheraton Constructions (NSW) Pty Ltd (in Liquidation) 185 FLR 130 Category: Principal judgment Parties: Offshore and Ocean Engineering Pty Ltd (Plaintiff) Greenwich Contractors Pty Ltd (Defendant) Representation: Counsel: A G Martin (Plaintiff) S T O'Brien (Defendant) Solicitors: MBP (Plaintiff) Bransgroves Lawyers (Defendant) File Number(s): 2012/151873

Judgment - ex tempore (revised 26 july 2012) 1HIS HONOUR: On about 20 April 2012, the defendant (Greenwich) served on the plaintiff (Offshore) a statutory demand, bearing that date, claiming in total $208,870.59. By originating process filed on 11 May 2012, Offshore moves for orders under ss 459H or 459J of the Corporations Act 2001 (Cth) setting aside that statutory demand.