GE Marketing v Emerald [2003] NSWSC 219

GE Marketing v Emerald [2003] NSWSC 219

A genuine dispute as to the amount due under the statutory demand was sufficiently raised in the affidavit filed within time, specifically concerning the reasonableness and authorisation of the claimed work. Therefore, the statutory demand should be set aside.

Jurisdiction
Australia
Judgment Date
24 March 2003
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'affidavit Requirements' 'genuine Dispute' 'offsetting Claim' 'quantum Meruit']
['corporations Law'] ['statutory Demand' 'affidavit Requirements' 'genuine Dispute' 'offsetting Claim' 'quantum Meruit']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether the matters supporting a genuine dispute and offsetting claim were sufficiently raised in affidavits filed within the statutory period' 'Whether the statutory demand should be set aside']

Ratio Decidendi

A genuine dispute as to the amount due under the statutory demand was sufficiently raised in the affidavit filed within time, specifically concerning the reasonableness and authorisation of the claimed work. Therefore, the statutory demand should be set aside.

Court Disposition

Statutory demand set aside

Orders

  • ['Orders 1 and 3 in the application are made (setting aside the statutory demand)' "The defendant to pay the plaintiff's costs of these proceedings on and from 1 March 2002" 'Exhibits to be returned.']