In the matter of GLFB Pty Ltd trading as Harvest Homes [2018] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: In the matter of GLFB Pty Ltd trading as Harvest Homes [2018] NSWSC 598 Hearing dates: 4 May 2018 Decision date: 04 May 2018 Jurisdiction: Equity Before: Leeming JA Decision: 1. The statutory demand dated 24 October 2017 be set aside 2. The defendant pay the plaintiff's costs of this proceeding. Catchwords: CORPORATIONS – statutory demand – whether genuine dispute – related company entered into written contract with plaintiff debtor – invoices for services rendered by defendant – seven invoices rendered and paid – dispute as to eighth and ninth invoices – whether implied contract by conduct between plaintiff and defendant on same terms as written contract – difficulty in drawing inference that parties have disregarded written contract – inconsistencies in evidence adduced by defendant – statutory demand set aside Legislation Cited: Corporations Act 2001 (Cth), ss 459H, 459J Cases Cited: Brambles Holdings Pty Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Britten-Norman Pty Ltd v Analysis and Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 Creata (Aust) Pty Ltd v Faull [2017] NSWCA 300 In the matter of Integrated Growth Solutions Pty Ltd [2017] NSWSC 368 Ligon 158 Pty Ltd v Huber [2016] NSWCA 330; 117 ACSR 495 Re Wollongong Coal Ltd [2015] NSWSC 1680; 110 ACSR 134 Category: Principal judgment Parties: GLFB Pty Ltd trading as Harvest Homes (Plaintiff) Zero to Infinity Property Investments Pty Ltd (Defendant) Representation: Counsel: J Raine (Plaintiff) B Katekar (Defendant)