In the matter of Australian Scaffold & Access Pty Ltd [2015] NSWSC 2134

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Scaffold & Access Pty Ltd [2015] NSWSC 2134 Hearing dates: 18 September 2015 Date of orders: 18 September 2015 Decision date: 18 September 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Originating process dismissed. Catchwords: CORPORATIONS – creditor's statutory demand – application to set aside statutory demand – genuine dispute as to existence or amount of debts claimed – where sales manager allegedly placed orders on behalf of company in excess of authority – whether defendant had notice that orders were made in excess of authority – where orders were made by email and confirmed orally – whether failure to use formal written purchase order was sufficient notice of irregularity. Legislation Cited: (CTH) Corporations Act 2001, s 459E, s 459H(1) Cases Cited: Combulk Pty Ltd v TNT Management Pty Ltd (1993) 113 ALR 214 Hambro v Burnand [1904] 2 KB 10 Lysaght Bros & Co v Falk [1905] HCA 7; (1905) 2 CLR 421; 11 ALR 149 Navarro v Moregrand Ltd [1951] 2 TLR 674 Texts Cited: Bowstead & Reynolds on Agency (16th ed, 1996) Category: Principal judgment Parties: Australian Scaffold & Access Pty Ltd ACN 154 065 960 (plaintiff) BSL Australia Pty Ltd ACN 093 844 225 (defendant) Representation: Counsel: S Cairns (plaintiff) E White (defendant)

Solicitors: Grech & Bannerman Lawyers (plaintiff) Coleman Greig Lawyers (defendant) File Number(s): 2014/369269