In the Matter of Macquarie Prestige Developments Pty Ltd [2012] NSWSC 1060

Supreme Court New South Wales

Medium Neutral Citation: In the Matter of Macquarie Prestige Developments Pty Ltd [2012] NSWSC 1060 Hearing dates: 29 August 2012 Decision date: 29 August 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that the creditor's statutory demand be varied pursuant to s 459H(4) [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - creditor's statutory demand - application to set aside - Corporations Act s 459G - whether genuine offsetting claim exists - whether sufficient evidence adduced to allow the court to be satisfied as to the amount of the claim Legislation Cited: (Cth) Corporations Act 2001, s 459G Cases Cited: Royal Premier Pty Limited v Taleski [2001] WASCA 48 Macleay Nominees Pty Limited v Bell Property East Pty Limited [2001] NSWSC 743 Elm Financial Services Pty Limited v McDougall [2004] NSWSC 560 Grass Manufacturers Pty Limited v Sraennik Pty Limited [2003] NSWSC 95 V & M Davidovic Pty Limited v Professional Services Group trading as Rosier Partners Lawyers [2012] NSWSC 134 Macquarie Prestige Developments Pty Limited v Cavasinni Constructions Pty Limited [2012] NSWSC 778 Endeavour Film Management Pty Limited v Fox Studios Australia Pty Limited [2003] NSWSC 831 Category: Principal judgment Parties: Macquarie Prestige Developments Pty Limited (Plaintiff) Cavasinni Constructions Pty Limited (Defendant) Representation: Counsel: C P Carter (Plaintiff) D Nego (Defendant) Solicitors: Doyles Construction Lawyers (Plaintiff) Ghobrial Legal (Defendant) File Number(s): 2012/82664