J Hutchinson Pty Ltd v Contractors Inc Pty Ltd [1995] FCA 645

J Hutchinson Pty Ltd v Contractors Inc Pty Ltd [1995] FCA 645

There was a genuine dispute as to the retention monies and schedule of rates items, making the admitted amount for those heads nil. The applicant also had an offsetting claim of $7,680.00 for repainting. The substantiated amount of the demand was therefore $989.44, which was less than the statutory minimum of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 August 1995
Procedural Posture
Application to Set Aside a Creditor's Statutory Demand Under S.459 G of the Corporations Law / Reasons for Judgment and Orders After Hearing
Outcome
Statutory demand set aside; respondent ordered to pay the applicant's costs.
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'substantiated Amount Less Than Statutory Minimum']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'substantiated Amount Less Than Statutory Minimum']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside a Creditor's Statutory Demand Under S.459 G of the Corporations Law / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether there was a genuine dispute between the applicant and the respondent about the existence or amount of the debt to which the statutory demand related.' 'Whether the applicant had an offsetting claim for the cost of repainting work.' 'Whether the substantiated amount of the statutory demand was less than the statutory minimum so that the demand should be set aside.']

Ratio Decidendi

There was a genuine dispute as to the retention monies and schedule of rates items, making the admitted amount for those heads nil. The applicant also had an offsetting claim of $7,680.00 for repainting. The substantiated amount of the demand was therefore $989.44, which was less than the statutory minimum of $2,000.00, so the statutory demand had to be set aside.

Court Disposition

Statutory demand set aside; respondent ordered to pay the applicant's costs.

Orders

  • ['The statutory demand of Contractors Incorporated Pty. Limited dated 23 June 1995 in the sum of $54,280.89 against J. Hutchinson Pty. Ltd. be set aside.' "The respondent pay the applicant's costs of and incidental to the application to be taxed."]