Callite Pty Ltd v Peter John Adams & 3 Ors [2001] NSWSC 52

Callite Pty Ltd v Peter John Adams & 3 Ors [2001] NSWSC 52

The statutory demand was set aside because the supporting affidavit established, through annexed accounts, a failure to comply with statutory requirements for bills of cost, and public policy required costs assessment not be effectively bypassed by utilising winding-up proceedings.

Parties
Plaintiff: Callite Pty Ltd (ACN 067 596 909); Defendants: Peter John Adams, Michael Wayne Tiyce, Jennifer Pamela Fraser and Joseph Mazurkiewicz carrying on in practice under the firm name of Adams & Partners Lawyers
Jurisdiction
Australia
Judgment Date
12 February 2001
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Plaintiff's application granted; Statutory Demand set aside.
Legal Topics
Statutory Demand, Affidavit Requirements, Legal Costs, Fee Disclosure, Public Policy
Corporations Legal Profession Statutory Demand Affidavit Requirements Legal Costs Fee Disclosure Public Policy

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Parties

Callite Pty Ltd (ACN 067 596 909)

Plaintiff

Peter John Adams, Michael Wayne Tiyce, Jennifer Pamela Fraser and Joseph Mazurkiewicz carrying on in practice under the firm name of Adams & Partners Lawyers

Defendants

Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether the supporting affidavit complies with s459G of the Corporations Law
  2. 2 Whether the statutory demand should be set aside for a genuine dispute or other reason under s459J(1)(b)

Ratio Decidendi

The statutory demand was set aside because the supporting affidavit established, through annexed accounts, a failure to comply with statutory requirements for bills of cost, and public policy required costs assessment not be effectively bypassed by utilising winding-up proceedings.

Court Disposition

Plaintiff's application granted; Statutory Demand set aside.

Orders

  • Plaintiff's application of 15 November 2000 is granted pursuant to s459J(1)(b) of the Corporations Law.
  • Defendants to pay Plaintiff's costs.