INTERGROUP v THE MORNING SHIFT [2001] NSWSC 288

INTERGROUP v THE MORNING SHIFT [2001] NSWSC 288

Given the possible construction of the documents indicating agency, evidence about the course of dealings and conflicting evidence about payments and admissions, there is a genuine dispute about the plaintiff's liability. Consequently, the statutory demand should be set aside.

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Application
Outcome
Statutory demand set aside. Defendant to pay plaintiff's costs on and from 13 March 2001.
Legal Topics
['statutory Demand' 'genuine Dispute' 'agency' 'admission by Conduct']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'agency' 'admission by Conduct']

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 Demand / Judgment on Application

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the debt the subject of the statutory demand' 'Whether the plaintiff acted as principal or agent in dealings with the defendant' 'Whether the delivery of a cheque constitutes an admission of liability']

Ratio Decidendi

Given the possible construction of the documents indicating agency, evidence about the course of dealings and conflicting evidence about payments and admissions, there is a genuine dispute about the plaintiff's liability. Consequently, the statutory demand should be set aside.

Court Disposition

Statutory demand set aside. Defendant to pay plaintiff's costs on and from 13 March 2001.

Orders

  • ['Order 1 in the originating process: statutory demand set aside' "Defendant to pay plaintiff's costs of the proceedings on and from 13 March 2001"]