Integrex Pty Ltd v Charara [2010] NSWSC 1131

Because there was a genuine factual issue about when notice of the assignment was given, and if notice was given on 22 March 2010 Integrex had an arguable equitable set-off arising from Mr Konneh's taxed costs liability that would extinguish the whole $3,200 debt, Integrex demonstrated a genuine offsetting claim and the Statutory Demand should be set aside under s 459H(1) Corporations Act 2001 (Cth).

Jurisdiction: Australia
Judgment Date: 28 September 2010
Procedural Posture: Application Under S 459 G Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Ex Tempore Judgment
Outcome: Statutory Demand set aside.
Legal Topics: ['statutory Demand' 'genuine Offsetting Claim' 'assignment of Debt' 'equitable Set Off']

['corporations'] ['statutory Demand' 'genuine Offsetting Claim' 'assignment of Debt' 'equitable Set Off']

Case Brief

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Procedural Posture

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

Legal Issues

1 ['Whether the Plaintiff demonstrated a genuine offsetting claim which would extinguish the whole of the debt the subject of the Statutory Demand.' 'Whether notice of the assignment of the costs debt was given to the Plaintiff on 29 January 2008 or on 22 March 2010.']

Ratio Decidendi

Court Disposition

Statutory Demand set aside.

Orders

['The Statutory Demand be set aside under s 459H(1) Corporations Act.' "The Defendant pay the Plaintiff's costs on the party/party basis."]