In the matter of Xton Group Pty Limited [2017] NSWSC 915

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Xton Group Pty Limited [2017] NSWSC 915 Hearing dates: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Creditor's Statutory Demand dated 17 August 2016 be set aside. The Defendant to pay the Plaintiff's costs of and incidental to the application on an indemnity basis, as agreed or as assessed. Catchwords: CORPORATIONS — Winding up — Statutory demand —Offsetting claim – where demand made for amounts alleged to be due for building work – where Plaintiff's allegation of defective building work supported by contemporaneous evidence – whether statutory demand should be set aside

COSTS — Party/Party — Bases of quantification — Indemnity basis – where evidence for setting aside statutory demand substantial and known to the Defendant – where Defendant did not appear or lead evidence – whether order for indemnity costs should be made Legislation Cited: - Corporations Act 2001 (Cth), s 459H Cases Cited: - CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Pty Ltd [2003] NSWSC 728; (2003) 47 ACSR 100 - Ligon 158 Pty Ltd v Huber [2016] NSWCA 330; (2016) 117 ACSR 495 - Re Fishbank Development Corp Pty Ltd [2016] NSWSC 949 - Re Wollongong Coal Ltd [2015] NSWSC 1680; (2015) 110 ACSR 134 Category: Principal judgment Parties: Xton Group Pty Limited (Plaintiff) Custom Shades Pty Limited (Defendant) Representation: Counsel: D Steirn (Plaintiff)