Global Crushers & Spares Pty Ltd v Becker Vale Pty Limited [2011] NSWSC 1160

Global Crushers & Spares Pty Ltd v Becker Vale Pty Limited [2011] NSWSC 1160

There is a genuine dispute as to whether the defendant achieved substantial performance under the contract and a genuine offsetting claim exists, exceeding the amount in the statutory demand; accordingly, the statutory demand must be set aside.

Jurisdiction
Australia
Judgment Date
29 September 2011
Procedural Posture
Application Under S 459 G Corporations Act 2001 (cth) to Set Aside Statutory Demand / Judgment
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'construction Contracts' 'substantial Performance']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'construction Contracts' 'substantial Performance']

Case Brief

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Procedural Posture

Application Under S 459 G Corporations Act 2001 (cth) to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the debt' 'Whether a genuine offsetting claim exists under s 459H Corporations Act 2001 (Cth)' 'Whether substantial performance of the contract was achieved']

Ratio Decidendi

There is a genuine dispute as to whether the defendant achieved substantial performance under the contract and a genuine offsetting claim exists, exceeding the amount in the statutory demand; accordingly, the statutory demand must be set aside.

Court Disposition

Statutory demand set aside

Orders

  • ['Statutory demand dated 8 December 2010 served by the defendant on the plaintiff is set aside.' "Defendant to pay plaintiff's costs of the proceedings pursuant to section 459N of the Corporations Act 2001 (Cth)."]