In the matter of Mission Providence Pty Ltd [2016] NSWSC 1112

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mission Providence Pty Ltd [2016] NSWSC 1112 Hearing dates: Monday, 11 July 2016 Date of orders: 11 July 2016 Decision date: 11 July 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Creditor's statutory demand set aside; defendant to pay plaintiff's costs. Catchwords: CORPORATIONS – winding up – insolvency – creditors statutory demand – application to set aside – where claimed debt is manifestly disputable – whether proceedings should be adjourned – held, adjournment refused and demand set aside Legislation Cited: (NSW) Legal Profession Uniform Law Application Act 2014, Schedule 2 (NSW) Supreme Court (Corporations) Rules 1999 (NSW) Uniform Civil Procedure Rules 2005, r 7.2(1), r 7.2(2) Category: Principal judgment Parties: Mission Providence Pty Ltd (plaintiff) Elena Grabovsky (defendant) Igor Grabovsky (interested party) Representation: Counsel: I Fernandes (plaintiff) I Grabovsky (in person)

Solicitors: Thomson Geer (plaintiff) File Number(s): 2016/184721

Judgment (ex tempore) 1. HIS HONOUR: By originating process filed on 17 June 2016, the plaintiff Mission Providence Pty Ltd seeks an order setting aside a creditor's statutory demand served on it by the defendant Elena Grabovsky on or about 30 May 2016. The application, having been filed on 17 June, was made within the 21 day period permitted. The demand was for an amount of $3259.90, described in the Schedule as follows: No Brief description Rate [$] Quantity Amount [$] 1 Expenses claimed on 20 January 2016 As per application As per application 415-15 2 Letter dated 22 February 2016 [research and composition (R&C)] $0.40 p. word 489 words 195-60 3 Letter dated 07 April 2016 – R&C $0.40 per word 890 words 356-00 4 Letter dated 09 April 2016 – R&C $0.40 per word 561 words 244-40 5 Letter dated 11 April 2016 – R&C $0.40 per word 927 words 370-80 6 Letter dated 13 April 2016 – R&C $0.40 per word 1400 words 560-00 7 Letter dated 24 April 2016 – R&C $0.40 per word 2186 words 874-40 8 Letter dated 25 April 2016 – R&C_CL $0.40 per word 1198 words 479-20 9 Copying/Printing $0.10 per page 150 pages 15-00 10 Postage (including mail to Officials) $5-90 per parsel 5 parsels 29-50 11 Mobile changes (calls to Resolution Centre) $0.50 per minute 270 min 135.00 12 Total 3675-35