Elcorp Constructions Pty Limited v Lymorb Pty Limited [1999] NSWSC 434

Elcorp Constructions Pty Limited v Lymorb Pty Limited [1999] NSWSC 434

The plaintiff established a genuine offsetting claim in relation to the totality of work contemplated between the parties, which exceeds the amount claimed in the statutory demand. Consequently, the statutory demand should be set aside.

Jurisdiction
Australia
Judgment Date
07 May 1999
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
statutory demand set aside; defendant to pay plaintiff's costs
Legal Topics
['statutory Demand' 'offsetting Claim']
['corporate Insolvency' 'contracts'] ['statutory Demand' 'offsetting Claim']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether the statutory demand should be set aside under section 459G of the Corporations Law' 'Whether the plaintiff has a genuine offsetting claim under section 459H(1) of the Corporations Law']

Ratio Decidendi

The plaintiff established a genuine offsetting claim in relation to the totality of work contemplated between the parties, which exceeds the amount claimed in the statutory demand. Consequently, the statutory demand should be set aside.

Court Disposition

statutory demand set aside; defendant to pay plaintiff's costs

Orders

  • ['The statutory demand dated 19 November 1998 served by the defendant upon the plaintiff be set aside.' 'The defendant pay the costs of plaintiff.' 'The exhibits, other than exhibit A, may be returned.']