Arora Markets Pty Ltd v Workers Compensation Nominal Insurer [2015] NSWSC 107

Supreme Court New South Wales

Medium Neutral Citation: Arora Markets Pty Ltd v Workers Compensation Nominal Insurer [2015] NSWSC 107 Hearing dates: 21 November 2014 Date of orders: 27 February 2015 Decision date: 27 February 2015 Jurisdiction: Equity Before: Robb J Decision: 1. Order that the plaintiff's amended originating process be dismissed

2. Order the plaintiff to pay the defendant's costs of the proceedings

3. Order that the exhibits may be returned in accordance with the Rules. Catchwords: CORPORATIONS – debts – statutory demands – application by plaintiff to set aside statutory demand for premiums for workers compensation insurance payable to defendant under Workers Compensation Act 1987 (NSW) – genuine dispute ground under Corporations Act 2001 (Cth), s 459H – where debt not capable of being subject of "genuine dispute" because effect of Workers Compensation Act is that debt is payable in same way as a judgment debt – "some other reason" ground under Corporations Act, s 459J – circumstances not sufficiently similar to claim for payment of judgment debt that may be set aside on appeal – consideration of question whether determination of amount of premiums payable made by defendant or defendant's agent susceptible to judicial review Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth), ss 459E, 459G, 459H, 459J Supreme Court Act 1970 (NSW), s 69 Supreme Court (Corporations) Rules 1999 (NSW), r 5.2 Workers Compensation Act 1987 (NSW), ss 169, 170, 172 Cases Cited: Employers Mutual Indemnity (Workers Compensation) Ltd v A Donald Pty Ltd [1997] NSWCA 102 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 GIO Workers Compensation (NSW) Ltd v Rigby Jones Pty Ltd [1998] NSWCA 93 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Multiplex Constructions Pty Ltd v Luikens & Anor [2003] NSWSC 1140 Re A.C.E.S. Sogutlu Holdings Pty Ltd [2014] NSWSC 140 Rigby Jones Engineering Pty Ltd v GIO Workers Compensation (NSW) Ltd (Supreme Court (NSW), 24 July 1998, unrep) Staging Connections Pty Ltd v WorkCover Authority of New South Wales [2004] NSWCA 357 Category: Principal judgment Parties: Arora Markets Pty Ltd (plaintiff) Workers Compensation Nominal Insurer (defendant) Representation: Counsel: C D Wood/J K Raftery (plaintiff) S Bogan (defendant)