Barney's Timber Pty Ltd v Duncan [1999] NSWSC 1039

Because the plaintiff offered to secure the judgment debt by a registered mortgage over property under an unconditional sale contract, and the defendant's refusal of that security was unreasonable in the circumstances, there was sufficient reason under s.459J(1)(b) to set aside the statutory demand.

Jurisdiction: Australia
Judgment Date: 20 September 1999
Procedural Posture: Application to Set Aside a Statutory Demand / Judgment
Outcome: Statutory demand set aside; defendant ordered to pay the plaintiff's costs.
Legal Topics: ['statutory Demand' 'application to Set Aside Demand' 'security for Debt' 'section 459 J(1)(b)']

['corporations Law'] ['statutory Demand' 'application to Set Aside Demand' 'security for Debt' 'section 459 J(1)(b)']

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Procedural Posture

Application to Set Aside a Statutory Demand / Judgment

Legal Issues

1 ['Whether there was some other reason under s.459J(1)(b) to set aside a statutory demand for a judgment debt.' "Whether the creditor's refusal to accept the company's offer to secure the debt was unreasonable."]

Ratio Decidendi

Court Disposition

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

Orders

['The demand for payment served by the Defendant on the Plaintiff which is dated 23 July 1999 be set aside.' "The Defendant to pay the plaintiff's costs of the proceedings." 'Exhibits to be returned.']