INFO v MANAGEMENT [2001] NSWSC 387

INFO v MANAGEMENT [2001] NSWSC 387

The statutory demand was set aside because the affidavits disclosed starkly different versions of the contractual terms, and deciding between them would require an assessment of witness credit, which is not the function of the Court on an application to determine whether there is a genuine dispute. Although the plaintiff probably owed something, the evidence did not allow the Court to apportion an undisputed part of the alleged $8,000 lump sum.

Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Application to Set Aside a Statutory Demand / Judgment
Outcome
Statutory demand set aside; costs ordered partly in favour of the plaintiff and partly in favour of the defendant for the hearing on 12 April 2001.
Legal Topics
['statutory Demand' 'genuine Dispute' 'terms of Contract' 'costs']
['corporations Law' 'insolvency' 'contract Law'] ['statutory Demand' 'genuine Dispute' 'terms of Contract' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside a Statutory Demand / Judgment

Legal Issues

  1. 1 ["Whether there was a genuine dispute about the plaintiff's liability in respect of the statutory demand." 'Whether the parties contracted on the basis of a fixed amount of $8,000 or on an hourly rate of $100 per hour.' 'Whether the statutory demand should be set aside where resolving the dispute would require findings about witness credit.' 'Whether indemnity costs should be ordered.']

Ratio Decidendi

The statutory demand was set aside because the affidavits disclosed starkly different versions of the contractual terms, and deciding between them would require an assessment of witness credit, which is not the function of the Court on an application to determine whether there is a genuine dispute. Although the plaintiff probably owed something, the evidence did not allow the Court to apportion an undisputed part of the alleged $8,000 lump sum.

Court Disposition

Statutory demand set aside; costs ordered partly in favour of the plaintiff and partly in favour of the defendant for the hearing on 12 April 2001.

Orders

  • ['The notice of demand served on the plaintiff by the defendant dated 22 February 2001 is set aside.' "The defendant pay the plaintiff's costs of the proceedings except for the hearing before the Court on 12 April 2001." "In respect of the hearing before the Court on 12 April 2001, the plaintiff pay the defendant's...