Duncan v Weldworks [1999] NSWSC 687

There is a genuine dispute regarding the contractual arrangements and the sum owed; the statutory demand should be varied to an amount supported by evidence.

Jurisdiction: Australia
Judgment Date: 21 June 1999
Procedural Posture: Application / Judgment
Outcome: statutory demand varied; costs awarded to plaintiff
Legal Topics: ['statutory Demand' 'genuine Dispute' 'variation of Contract' 'costs']

['corporations Law' 'equity'] ['statutory Demand' 'genuine Dispute' 'variation of Contract' 'costs']

Case Brief

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Procedural Posture

Application / Judgment

Legal Issues

1 ['Whether there is a genuine dispute regarding the statutory demand served under Corporations Law' 'Determination of the contract price and variations between builder and subcontractor']

Ratio Decidendi

There is a genuine dispute regarding the contractual arrangements and the sum owed; the statutory demand should be varied to an amount supported by evidence.

Court Disposition

statutory demand varied; costs awarded to plaintiff

Orders

['The statutory demand dated 23 February 1999 served on the plaintiff by the defendant is varied by reducing the amount to $3404.27.' "The defendant is to pay the plaintiff's costs on a party and party basis."]