Federico's Restaurant Pty Ltd v Warwick Entertainment Centre Pty Ltd [1995] FCA 985

Federico's Restaurant Pty Ltd v Warwick Entertainment Centre Pty Ltd [1995] FCA 985

For the purpose of establishing whether the applicant has an off-setting claim, the admitted amount of the debt must for the purpose of the Law be taken to be the sum of $97,380.54, not any greater sum.

Source-derived case information.

Parties
Applicant: FEDERICO'S RESTAURANT PTY LIMITED; Respondent: WARWICK ENTERTAINMENT CENTRE PTY LIMITED
Jurisdiction
Australia
Judgment Date
07 December 1995
Procedural Posture
Application to Set Aside Statutory Demand / Reason for Judgment
Outcome
Reasoning provided for consideration of statutory demand and off-setting claim
Legal Topics
Statutory Demand, Off Setting Claim
Corporations Law Statutory Demand Off Setting Claim

Source-derived case record

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Parties

FEDERICO'S RESTAURANT PTY LIMITED

Applicant

WARWICK ENTERTAINMENT CENTRE PTY LIMITED

Respondent

Procedural Posture

Application to Set Aside Statutory Demand / Reason for Judgment

Legal Issues

  1. 1 Whether s 459H of the Corporations Law requires the debt to be taken as the amount stated in the statutory demand when considering an off-setting claim

Ratio Decidendi

For the purpose of establishing whether the applicant has an off-setting claim, the admitted amount of the debt must for the purpose of the Law be taken to be the sum of $97,380.54, not any greater sum.

Court Disposition

Reasoning provided for consideration of statutory demand and off-setting claim