Liveris Nominees Pty Ltd v Horder Enterprises Pty Ltd [2009] FCA 628

Liveris Nominees Pty Ltd v Horder Enterprises Pty Ltd [2009] FCA 628

There is a genuine dispute about the debt claimed in the statutory demands due to questions about compliance with contractual obligations and the right to withhold payments, and an arguable offsetting claim exists for completion costs. Therefore, the requirements of s 459H are satisfied and the demands must be set aside.

Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Application to Set Aside Statutory Demands / Judgment After Hearing
Outcome
Statutory demands set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claims' 'contract Interpretation']
['corporations Law' 'building and Construction Law'] ['statutory Demand' 'genuine Dispute' 'offsetting Claims' 'contract Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Statutory Demands / Judgment After Hearing

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the existence or amount of debt claimed in statutory demands under s 459E of the Corporations Act 2001 (Cth)' 'Whether there is an offsetting claim under s 459H of the Corporations Act 2001 (Cth)']

Ratio Decidendi

There is a genuine dispute about the debt claimed in the statutory demands due to questions about compliance with contractual obligations and the right to withhold payments, and an arguable offsetting claim exists for completion costs. Therefore, the requirements of s 459H are satisfied and the demands must be set aside.

Court Disposition

Statutory demands set aside

Orders

  • ['The two statutory demands served by Horder Enterprises Pty Ltd under s 459E of the Corporations Act 2001 (Cth) be set aside.']