AJ Mayr Engineering (NSW) Pty Ltd v Maxwell Recruitment Pty Limited [2011] NSWSC 509

AJ Mayr Engineering (NSW) Pty Ltd v Maxwell Recruitment Pty Limited [2011] NSWSC 509

The proceedings to set aside the statutory demand had no prospect of success since the debt was admitted as owing, was due and payable at the date of service, and there was no genuine dispute. The plaintiff commenced proceedings for the purpose of extending the compliance period rather than for any real dispute, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 June 2011
Procedural Posture
Application to Set Aside Statutory Demand / Final Determination; Orders Made on the Papers
Outcome
Statutory demand set aside; plaintiff to pay defendant's costs on the indemnity basis.
Legal Topics
['winding Up' 'statutory Demand' 'costs' 'application to Set Aside Statutory Demand']
['corporations Law'] ['winding Up' 'statutory Demand' 'costs' 'application to Set Aside Statutory Demand']

Source-derived case record

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Procedural Posture

Application to Set Aside Statutory Demand / Final Determination; Orders Made on the Papers

Legal Issues

  1. 1 ['Whether the statutory demand should be set aside where the debt was acknowledged as owing but disputed as to the date due and payable' 'Whether costs should be awarded and on what basis after payment of the demanded sum rendered the proceedings futile']

Ratio Decidendi

The proceedings to set aside the statutory demand had no prospect of success since the debt was admitted as owing, was due and payable at the date of service, and there was no genuine dispute. The plaintiff commenced proceedings for the purpose of extending the compliance period rather than for any real dispute, and accordingly the demand should be set aside but the defendant should have its costs on the indemnity basis.

Court Disposition

Statutory demand set aside; plaintiff to pay defendant's costs on the indemnity basis.

Orders

  • ['Order that the statutory demand dated 1 March 2011 served on the plaintiff by the defendant be set aside.' "Order that the plaintiff pay the defendant's costs of the proceedings such costs to be assessed on the indemnity basis."]