Crontec Automotive Tooling v Allsteel [2006] NSWSC 555

Crontec Automotive Tooling v Allsteel [2006] NSWSC 555

The plaintiff established a genuine offsetting claim for part of the amount claimed in the statutory demand, specifically $41,640.40, and a genuine dispute as to $13,302.31. Accordingly, the substantiated amount is $19,600 and the statutory demand is to be varied to reduce the amount to $19,600.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 May 2006
Procedural Posture
Application to Set Aside Statutory Demand / Final Judgment
Outcome
Statutory demand varied by reduction of amount claimed
Legal Topics
['statutory Demand' 'offsetting Claim' 'evidence Quantifying Claim']
['corporations Law' 'equity'] ['statutory Demand' 'offsetting Claim' 'evidence Quantifying Claim']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment

Legal Issues

  1. 1 ['Whether there is a genuine offsetting claim against the amount in the statutory demand' 'Whether there is a genuine dispute regarding part of the amount in the statutory demand']

Ratio Decidendi

The plaintiff established a genuine offsetting claim for part of the amount claimed in the statutory demand, specifically $41,640.40, and a genuine dispute as to $13,302.31. Accordingly, the substantiated amount is $19,600 and the statutory demand is to be varied to reduce the amount to $19,600.

Court Disposition

Statutory demand varied by reduction of amount claimed

Orders

  • ['Statutory demand varied to reduce the amount to $19,600 and declared to have had effect from service']