Supreme Court New South Wales Medium Neutral Citation: Wizcorp Pty Limited v McNeice [2013] NSWSC 753 Hearing dates: 22/05/2013 Decision date: 14 June 2013 Jurisdiction: Equity Division - Corporations List Before: Young AJ Decision: Vary statutory demand; no order as to costs Catchwords: CORPORATIONS - Debts - Statutory demand - Application to set aside statutory demand Category: Principal judgment Parties: Wizcorp Pty Limited (Plaintiff) David McNeice (First Defendant) Aleita R McNeice (Second Defendant) Representation: Counsel: ET Finnane (Plaintiff) RW Tregenza (Defendants) Solicitors: Senses Legal (Plaintiff) Autore & Associates (Defendants) File Number(s): 2012/140385 Judgment 1HIS HONOUR: This is an application to set aside a statutory demand. 2This company is one of a group of five against whom statutory demands were issued by the defendants on the 15 April 2012. The five applications to set aside those demands were heard together on 22 May 2013, with the evidence of one being evidence in all. 3I gave reasons in the case of Touma Family Super Fund Pty Limited v McNeice (2012/140381), dealing with general matters of principle and matters which were common to each of the five companies. These reasons deal only with matters germane to Wizcorp Pty Ltd. 4The statutory demand was for $10,432.67. This was made up of five separate items, namely: (a) Invoice #1908 for $2,750.00; (b) Invoice #2538 for $2,970.00; (c) Invoice #4011 for $2,365.00; (d) Administration charges of $572.00; (e) Interest charges totalling $1,775.67 5As to paragraphs (a) and (b), the plaintiff disputes the quantum of the invoices and alleges that the work was not actually done. Mr McNeice's affidavit of the 15 May 2013 gives full details of the work that was done and I can see no reason why I should not allow these sums. 6As to paragraph (c), the plaintiff claims that Tarrants, rather than the defendants, completed the work. This point was dealt with in my judgment in Touma Family Super Fund Pty Limited v McNeice (2012/140381) and for the reasons therein stated, the statutory demand should be varied to exclude this item. 7The plaintiffs arguments with respect to paragraphs (d), (e) and (f) were also dealt with in [37] and [41] of my judgment in Touma Family Super Fund Pty Limited v McNeice (2012/140381). For the reasons detailed in this judgment, this aspect of the statutory demand should be excluded. 8The result is that I vary the statutory demands by reducing them to $5,720.00 and declare that the statutory demand had effect as so varied from 12 April 2012. I extend the time for complying by 21 days after the date of these reasons. It seems to me that in the circumstances there should be no order for costs in these proceedings. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 June 2013