In the matter of Force Draft Pty Limited [2019] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Force Draft Pty Limited [2019] NSWSC 1102 Hearing dates: 11 March 2019, last affidavits/submissions received 7 June 2019 Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: (1) Pursuant to section 459H(3) of the Corporations Act 2001 (Cth), set aside the creditor's statutory demand dated 25 January 2019 and served by the defendant upon the plaintiff on 30 January 2019. (2) The defendant to pay the plaintiff's costs. Catchwords: CORPORATIONS — Winding up — Statutory demand — Application to set aside — Whether genuine dispute — Series of invoices issued by contractor to manufacturer for warranty repairs — Dispute as to terms of contract between parties — manufacturer rejects certain invoices — Whether correspondence received — Where an invoice paid by credit notes — Where an invoice not due and payable at date of demand — Substantiated amount less than statutory minimum — Demand set aside. Legislation Cited: Corporations Act 2001 (Cth), ss 459E, 459H Cases Cited: Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 In the matter of Erma Properties Pty Ltd [2017] NSWSC 1748 In the matter of Longking Pty Ltd (2017) 123 ACSR 456; (2017) NSWSC 1534 In the matter of MK Group Phoenix Pty Ltd [2014] NSWSC 1467 Leisure Kart City Pty Ltd v Professional Auction & Valuation Services Pty Ltd [2013] QCA 298 Portrait Express (Sales) Pty Ltd v Kodak (Australasia) Pty Ltd (1996) 20 ACSR 746 at 750; [1996] NSWSC 199 Re Morris Catering (Australia) Pty Ltd (1993) 11 ACSR 601 Spencer Constructions Pty ltd v G&M Aldridge Pty Ltd (1997) 24 ACSR 353 TR Administration Pty Ltd v Frank Marchetti & Sons Pty Ltd (2008) 66 ACSR 67; [2008] VSCA 70 Category: Principal judgment Parties: Daikin Australia Pty Ltd ACN 000 172 967 (Plaintiff) Force Draft Pty Limited ACN 109 725 671 (Defendant) Representation: Counsel: A. Grifoni, solicitor (Plaintiff)