In the matter of Citiline Developments Pty Ltd [2021] NSWSC 690

In the matter of Citiline Developments Pty Ltd [2021] NSWSC 690

The statutory demand was delivered to the registered office of Citiline on 11 February 2021, making the application to set aside out of time and the Court's jurisdiction not enlivened. There was no merit in the application for indemnity costs as the Calderbank offer did not represent a real compromise and it was not unreasonable for Citiline to decline it.

Parties
Plaintiff: Citiline Developments Pty Ltd; Defendant: Old Mate Elevators Pty Ltd
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Corporations Statutory Demand / Application to Set Aside Creditor's Statutory Demand; Costs Determination
Outcome
Application to set aside statutory demand dismissed; costs determined.
Legal Topics
Winding Up, Statutory Demand, Jurisdiction, Costs, Party/party, Offers of Compromise, Calderbank Offers
Corporations Equity Winding Up Statutory Demand Jurisdiction Costs Party/party Offers of Compromise +1 more

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Parties

Citiline Developments Pty Ltd

Plaintiff

Old Mate Elevators Pty Ltd

Defendant

Procedural Posture

Corporations Statutory Demand / Application to Set Aside Creditor's Statutory Demand; Costs Determination

Legal Issues

  1. 1 Date of service of creditor's statutory demand
  2. 2 Whether Court has jurisdiction to hear application to set aside creditor's statutory demand
  3. 3 Whether indemnity costs are justified based on Calderbank offer

Ratio Decidendi

The statutory demand was delivered to the registered office of Citiline on 11 February 2021, making the application to set aside out of time and the Court's jurisdiction not enlivened. There was no merit in the application for indemnity costs as the Calderbank offer did not represent a real compromise and it was not unreasonable for Citiline to decline it.

Court Disposition

Application to set aside statutory demand dismissed; costs determined.

Orders

  • The Originating Process filed on 5 March 2021 is dismissed.
  • Plaintiff to pay Defendant's costs of proceedings up to and including the hearing on 4 June 2021, on an ordinary basis as agreed or as assessed.