Dux Plumbing Pty Limited v McNeice [2013] NSWSC 755

Dux Plumbing Pty Limited v McNeice [2013] NSWSC 755

The statutory demand must be set aside because the debts claimed in the two invoices are disallowed for the reasons given in the judgment of Touma Family Super Fund Pty Limited v McNeice.

Parties
Plaintiff: Dux Plumbing Pty Limited; First Defendant: David McNeice; Second Defendant: Aleita R McNeice
Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Corporations Statutory Demand / Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside; Defendant to pay plaintiff's costs.
Legal Topics
Statutory Demands, Debts, Set Aside Statutory Demand
Corporations Statutory Demands Debts Set Aside Statutory Demand

Case Brief

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Parties

Dux Plumbing Pty Limited

Plaintiff

David McNeice

First Defendant

Aleita R McNeice

Second Defendant

Procedural Posture

Corporations Statutory Demand / Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the statutory demand should be set aside for the amounts claimed in invoices #4004 and #4014.

Ratio Decidendi

The statutory demand must be set aside because the debts claimed in the two invoices are disallowed for the reasons given in the judgment of Touma Family Super Fund Pty Limited v McNeice.

Court Disposition

Statutory demand set aside; Defendant to pay plaintiff's costs.

Orders

  • Statutory demand set aside
  • Defendants to pay plaintiff's costs