NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Go Electrical Pty Ltd [2013] NSWSC 824 Hearing dates: 14 May 2013 Decision date: 14 June 2013 Jurisdiction: Equity Division - Corporations List Before: Rein J Decision: Orders the Statutory Demand to be set aside and the defendant to pay the plaintiff's costs. Catchwords: CORPORATIONS ACT - application to set aside Statutory Demand pursuant to s 459H of the Corporations Act on the basis that there is a dispute as to part of the debt and a genuine claim to an offsetting amount at least equivalent to the amount of the Statutory Demand. Legislation Cited: Australian Consumer Law Act (Cth), Schedule 2 of the Competition Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Sale of Goods Act 1923 (NSW) Cases Cited: Flamingo Park Pty Ltd v Dolly Dolly Creations Pty Ltd (1986) 65 ALR 500 Fuliban Catering Services Ltd (inc in PNG) v Compass Group (Australia) Pty Ltd [2008] FCAFC 53 Futuretronics International Pty Ltd v Gadzhis [1992] 2 VR 217 Grass Manufacturers Pty Ltd v Sraennik [2003] NSWSC 95 Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund (1996) 70 FCR 452 Jesseron Holdings Pty Ltd v Middle East Trading Consultants Pty Ltd (No 2) (1994) 122 ALR 717; (1994) 13 ACSR 787; (1994) 12 ACLC 490 Liftronic Pty Ltd v Hyuandai Elevator Co Ltd (BC9303629, unreported New South Wales Supreme Court, 1 September 1993, Giles J) Macleay Nominees v Belle Property East Pty Ltd [2001] NSWSC 743 Process Machinery Australia Pty Ltd v ACN 057 260 590 Pty Ltd [2002] NSWSC 45 Reavill Farm Management Ltd v Ashford Properties Pty Ltd [2010] NSWSC 1128 TR Administration Pty Ltd v Frank Marchetti & Sons Pty Ltd (2008) 66 ACSR 67 Category: Principal judgment Parties: Class Electrical Service Pty Ltd (plaintiff) GO Electrical Pty Ltd (defendant) Representation: Counsel: Mr F. Assaf (plaintiff) Mr D. Prichard SC (defendant) Solicitors: HWL Ebsworth (plaintiff) Marsdens Law (defendant) File Number(s): 2012/386311
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