Interco Pty Ltd v Schiavello Systems (NSW) Pty Ltd [2006] NSWSC 58

There is no genuine dispute as to the proper debtor; analysis of the facts most favourable to the plaintiff still establishes Interco Pty Limited as the contracting party, so the statutory demand stands.

Jurisdiction: Australia
Judgment Date: 01 February 2006
Procedural Posture: Application to Set Aside Statutory Demand / Judgment After Hearing
Outcome: Application to set aside statutory demand dismissed. Time for compliance with the statutory demand extended to 22 February 2006.
Legal Topics: ['statutory Demand' 'genuine Dispute' 'company Groups' 'provisional Contract' 'authority to Contract']

['corporations' 'contracts'] ['statutory Demand' 'genuine Dispute' 'company Groups' 'provisional Contract' 'authority to Contract']

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

Procedural Posture

Application to Set Aside Statutory Demand / Judgment After Hearing

Legal Issues

1 ['Whether there exists a genuine dispute about the indebtedness between the parties under s 459G of the Corporations Act 2001 (Cth)' 'Identification of the correct contractual party within a group of companies' 'Effect and formation of a provisional contract and subsequent formal contract']

Ratio Decidendi

Court Disposition

Application to set aside statutory demand dismissed. Time for compliance with the statutory demand extended to 22 February 2006.

Orders

['Application dismissed' 'Costs awarded against the applicant' 'Time for compliance with statutory demand extended to 22 February 2006']