Coventry Hall Pty Ltd v Howell Developments Pty Ltd & (In the Matter of Coventry Hall Pty Ltd) [1997] FCA 1327

Coventry Hall Pty Ltd v Howell Developments Pty Ltd & (In the Matter of Coventry Hall Pty Ltd) [1997] FCA 1327

There is a genuine dispute between Howell Developments and Raine and Horne about the existence of the alleged debt, and therefore the statutory demand should be set aside as this is not an appropriate use of the summary statutory demand procedure.

Jurisdiction
Australia
Judgment Date
07 November 1997
Procedural Posture
Review of Registrar's Decision (corporations Statutory Demand) / Review / Application to Set Aside Registrar's Order
Outcome
Statutory demand of 8 April 1997 set aside; costs awarded to applicant
Legal Topics
['statutory Demand' 'genuine Dispute' "agent's Commission" 'contract Completion']
['corporations Law'] ['statutory Demand' 'genuine Dispute' "agent's Commission" 'contract Completion']

Case Brief

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Procedural Posture

Review of Registrar's Decision (corporations Statutory Demand) / Review / Application to Set Aside Registrar's Order

Legal Issues

  1. 1 ['Whether there was a genuine dispute about the existence of the debt under s 459G of the Corporations Law' 'Whether the commission was properly deducted by the agent upon settlement' 'Who was entitled to the deposit upon non-completion or termination of the contract']

Ratio Decidendi

There is a genuine dispute between Howell Developments and Raine and Horne about the existence of the alleged debt, and therefore the statutory demand should be set aside as this is not an appropriate use of the summary statutory demand procedure.

Court Disposition

Statutory demand of 8 April 1997 set aside; costs awarded to applicant

Orders

  • ['The order of the Registrar of 14 October 1997 be set aside.' 'The statutory demand of 8 April 1997 be set aside.' "The respondent pay the applicant's costs before the Registrar and before me." 'Liberty be reserved to the parties to apply in relation to any matter they wish to raise concerning costs.']