1. Devonworth Enterprises P/L v Sydney Olympic Sporting Club Ltd & 1 Ors; AND 2. Windereen Holdings Pty Ltd v Sydney Olympic Sporting Club Ltd & 1 Ors [2001] NSWSC 834

1. Devonworth Enterprises P/L v Sydney Olympic Sporting Club Ltd & 1 Ors; AND 2. Windereen Holdings Pty Ltd v Sydney Olympic Sporting Club Ltd & 1 Ors [2001] NSWSC 834

Statutory demands were set aside because they were not verified by affidavit as required by s459E of the Corporations Act. Indemnity costs were awarded against the First Defendant because the fundamental procedural defect was pointed out prior to the hearing, but no steps were taken to withdraw the demands until the date of hearing.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Costs and Setting Aside Statutory Demand
Outcome
Statutory demands set aside; indemnity costs awarded against the First Defendant only.
Legal Topics
['statutory Demand' 'indemnity Costs' 'affidavit Verification']
['corporations Law'] ['statutory Demand' 'indemnity Costs' 'affidavit Verification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Costs and Setting Aside Statutory Demand

Legal Issues

  1. 1 ['Whether statutory demands should be set aside for lack of affidavit verification' 'Whether indemnity costs should be awarded against the company and/or officer']

Ratio Decidendi

Statutory demands were set aside because they were not verified by affidavit as required by s459E of the Corporations Act. Indemnity costs were awarded against the First Defendant because the fundamental procedural defect was pointed out prior to the hearing, but no steps were taken to withdraw the demands until the date of hearing.

Court Disposition

Statutory demands set aside; indemnity costs awarded against the First Defendant only.

Orders

  • ["The First Defendant pay the Plaintiff's costs on an indemnity basis." "Orders made by consent in terms of paragraphs 1 and 2 of the Plaintiffs' Originating Summons."]