In the matter of LB Homes Group Pty Limited [2016] NSWSC 1659

Supreme Court New South Wales

Medium Neutral Citation: In the matter of LB Homes Group Pty Limited [2016] NSWSC 1659 Hearing dates: 4 November 2016 Decision date: 24 November 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the creditor's statutory demand dated 12 May 2016 be set aside. The Defendant to pay the Plaintiff's costs of this application as agreed or as assessed. Catchwords: CORPORATIONS — Winding up — Application to set aside creditor's statutory demand – where defendant had issued plaintiff a creditor's statutory demand based upon an invoice purportedly due under a certain contract – where plaintiff contended that invoice was not supported by the contract in circumstances where invoice had been issued prior to the execution of the contract – where plaintiff contended that there was a genuine dispute as to when the contract required payment – where plaintiff contended parties had reached agreement that no further amount would be due under the contract – whether genuine dispute arises as to the debt specified in the statutory demand. Legislation Cited: - Corporations Act 2001 (Cth), ss 459G, 459H, 459J, - Evidence Act 1995 (NSW), s 136 Cases Cited: - Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344; (2013) 85 NSWLR 601 - CGI Information Systems & Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 - Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 - Graywinter Properties Pty Ltd v Gas & Fuel Corp Superannuation Fund [1996] FCA 822; (1996) 70 FCR 452 - Infratel Networks Pty Ltd v Gundry's Telco & Rigging Pty Ltd [2012] NSWCA 365; (2012) 92 ACSR 27 - Mibor Investments Pty Ltd v Commonwealth Bank of Australia [1994] 2 VR 290; (1993) 11 ACSR 362 - Re Diveva Pty Ltd [2015] NSWSC 794 - Re Wollongong Coal Ltd [2015] NSWSC 1680; (2015) 110 ACSR 134 - Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd [1997] FCA 681; (1997) 76 FCR 452 - TR Administration Pty Ltd v Frank Marchetti & Sons Pty Ltd [2008] VSCA 70; (2008) 66 ACSR 67 Category: Principal judgment Parties: LB Homes Group Pty Limited (Plaintiff) Prime Property Group Pty Limited (Defendant) Representation: Counsel: P Afshar (Plaintiff) D P O'Connor (Defendant)