In the matter of Acciona Infrastructure Australia Pty Limited [2019] NSWSC 1156

In the matter of Acciona Infrastructure Australia Pty Limited [2019] NSWSC 1156

There is a genuine dispute as to the meaning of the 'stand down rates' provision such that the statutory demand must be set aside; the competing contractual interpretations are not patently feeble and require investigation beyond the scope of a s 459G application.

Source-derived case information.

Parties
Plaintiff: Acciona Infrastructure Australia Pty Limited; Defendant: Borger Crane Hire & Rigging Services Pty Limited
Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Corporations—statutory Demand / Application to Set Aside Statutory Demand Under S 459 G
Outcome
Statutory demand set aside; defendant ordered to pay plaintiff's costs.
Legal Topics
Statutory Demand, Genuine Dispute, Contract Construction
Corporations Law Equity Statutory Demand Genuine Dispute Contract Construction

Source-derived case record

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Parties

Acciona Infrastructure Australia Pty Limited

Plaintiff

Borger Crane Hire & Rigging Services Pty Limited

Defendant

Procedural Posture

Corporations—statutory Demand / Application to Set Aside Statutory Demand Under S 459 G

Legal Issues

  1. 1 Whether there is a genuine dispute as to the amount or existence of the debt claimed under the statutory demand
  2. 2 Proper construction of 'stand down rates' term in crane hire agreement

Ratio Decidendi

There is a genuine dispute as to the meaning of the 'stand down rates' provision such that the statutory demand must be set aside; the competing contractual interpretations are not patently feeble and require investigation beyond the scope of a s 459G application.

Court Disposition

Statutory demand set aside; defendant ordered to pay plaintiff's costs.

Orders

  • Pursuant to section 459H of the Corporations Act 2001 (Cth), set aside the statutory demand served by the defendant on the plaintiff on 20 May 2019.
  • Order the defendant to pay the plaintiff's costs of the proceedings.