HAZARAN v DOYLE [2001] NSWSC 643

HAZARAN v DOYLE [2001] NSWSC 643

The plaintiff was not involved in the contracts for the purchase of the liquor, and section 154A of the Liquor Act 1992 only operates for the limited purpose of civil proceedings by the liquor vendor for recovery of the unpaid amount. A statutory demand is not such proceedings and depends on an existing valid debt. Accordingly, section 154A did not create a liability in the plaintiff for the debt claimed, and the statutory demand had to be set aside.

Jurisdiction
Australia
Judgment Date
26 July 2001
Procedural Posture
Application to Set Aside a Statutory Demand / Hearing of Application
Outcome
Statutory demand set aside; defendant ordered to pay the plaintiff's costs.
Legal Topics
['statutory Demand' 'liability for Liquor Supplied' 'liquor Act 1992 S 154 A' 'indirect Interest in Profits']
['corporations Law' 'liquor Law'] ['statutory Demand' 'liability for Liquor Supplied' 'liquor Act 1992 S 154 A' 'indirect Interest in Profits']

Case Brief

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Procedural Posture

Application to Set Aside a Statutory Demand / Hearing of Application

Legal Issues

  1. 1 ['Whether the plaintiff was liable for the amount claimed in the statutory demand for liquor sold by the defendant.' 'Whether section 154A of the Liquor Act 1992 deemed the contract for sale of liquor to be made jointly and severally with the plaintiff for the purposes of a statutory demand.' 'Whether the plaintiff was directly or indirectly interested in the profits of the business carried on pursuant to the liquor licence.']

Ratio Decidendi

The plaintiff was not involved in the contracts for the purchase of the liquor, and section 154A of the Liquor Act 1992 only operates for the limited purpose of civil proceedings by the liquor vendor for recovery of the unpaid amount. A statutory demand is not such proceedings and depends on an existing valid debt. Accordingly, section 154A did not create a liability in the plaintiff for the debt claimed, and the statutory demand had to be set aside.

Court Disposition

Statutory demand set aside; defendant ordered to pay the plaintiff's costs.

Orders

  • ['The statutory demand dated 22 March 2001 served by the defendant on the plaintiff be set aside.' "The defendant pay the plaintiff's costs."]