Artis Group Pty Ltd v Hubnet Global Resources Pty Ltd [2009] NSWSC 935

Artis Group Pty Ltd v Hubnet Global Resources Pty Ltd [2009] NSWSC 935

There was a genuine dispute as to the portion of the claimed contract to permanent fee exceeding $10,934.88, arising from both the construction of clause 11.4 and factual questions about Ms Balchin's employment with CSA, but there was no genuine dispute that $10,934.88 was owing. The alleged defect in the statutory demand was not established because the demand clearly required payment of $16,692.06. The statutory demand was therefore varied by reducing it to $10,934.88.

Jurisdiction
Australia
Judgment Date
04 September 2009
Procedural Posture
Application Under S 459 G of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Principal Judgment
Outcome
Statutory demand reduced.
Legal Topics
['statutory Demand' 'genuine Dispute' 'defect in Statutory Demand' 'variation of Statutory Demand']
['corporations' 'winding Up'] ['statutory Demand' 'genuine Dispute' 'defect in Statutory Demand' 'variation of Statutory Demand']

Case Brief

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Procedural Posture

Application Under S 459 G of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Principal Judgment

Legal Issues

  1. 1 ['Whether there was a genuine dispute under s 459H(1)(a) as to the amount or existence of the debt claimed in the statutory demand.' 'Whether the statutory demand contained a defect within s 459J(1)(a) or (b).' 'Whether the statutory demand should be varied under s 459H(3).']

Ratio Decidendi

There was a genuine dispute as to the portion of the claimed contract to permanent fee exceeding $10,934.88, arising from both the construction of clause 11.4 and factual questions about Ms Balchin's employment with CSA, but there was no genuine dispute that $10,934.88 was owing. The alleged defect in the statutory demand was not established because the demand clearly required payment of $16,692.06. The statutory demand was therefore varied by reducing it to $10,934.88.

Court Disposition

Statutory demand reduced.

Orders

  • ['Order that the statutory demand dated 9 March 2009 served on the plaintiff by the defendant be varied by reducing the amount thereof to $10,934.88.' 'No order as to costs.']