Binshell v Broadway [2002] NSWSC 54
Binshell did not demonstrate a genuine dispute as required by s.459H; Broadway's extension of time was not a waiver of its right to terminate, and the right to recover the $110,000 deposit survived termination and created a debt; therefore, the application to set aside the statutory demand must be dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 15 February 2002
- Procedural Posture
- Application / Judgment on Application to Set Aside Statutory Demand
- Outcome
- Application dismissed
- Legal Topics
- ['winding Up' 'statutory Demand' 'genuine Dispute' 'contract Termination' 'conveyancing Between Contract and Completion' 'guarantee for Deposit' 'deposit Recovery']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application / Judgment on Application to Set Aside Statutory Demand
Legal Issues
- 1 ["Whether there is a 'genuine dispute' as to the existence or amount of the debt in the statutory demand under s.459H of the Corporations Act 2001 (Cth)" "Whether Broadway's termination of the contract was wrongful" 'Whether the sum of $110,000 was due and payable as a debt by Binshell to Broadway as at the date of the statutory demand']
Ratio Decidendi
Binshell did not demonstrate a genuine dispute as required by s.459H; Broadway's extension of time was not a waiver of its right to terminate, and the right to recover the $110,000 deposit survived termination and created a debt; therefore, the application to set aside the statutory demand must be dismissed.
Court Disposition
Application dismissed
Orders
- ['Application to set aside statutory demand dismissed' "Binshell to pay Broadway's costs of the proceedings"]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment