JEG Constructions No.2 Pty Ltd v Workers Compensation Nominal Insurer [2007] NSWSC 1017

JEG Constructions No.2 Pty Ltd v Workers Compensation Nominal Insurer [2007] NSWSC 1017

The obligation to pay the premiums arose, at least in part, from circumstances which existed before the fixed date under the deed of company arrangement, making the claims subject to the deed and barring them from further pursuit, and thus creating a genuine dispute regarding the debt sufficient to set aside the statutory demand.

Parties
Plaintiff: JEG Constructions No. 2 Pty Ltd T/A Tailored Property Constructions; Defendant: Workers Compensation Nominal Insurer by its Scheme Agent Allianz Australia Workers' Compensation (NSW) Limited ABN 17 003 087 545
Jurisdiction
Australia
Judgment Date
03 September 2007
Procedural Posture
Application / Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside.
Legal Topics
Statutory Demand, Deed of Company Arrangement, Contingent Liabilities
Corporations Law Statutory Demand Deed of Company Arrangement Contingent Liabilities

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Parties

JEG Constructions No. 2 Pty Ltd T/A Tailored Property Constructions

Plaintiff

Workers Compensation Nominal Insurer by its Scheme Agent Allianz Australia Workers' Compensation (NSW) Limited ABN 17 003 087 545

Defendant

Procedural Posture

Application / Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether the claims made in the statutory demand are barred by the definition of 'claim' and 'fixed date' in the deed of company arrangement
  2. 2 Whether the circumstances giving rise to the claims occurred on or before the fixed date

Ratio Decidendi

The obligation to pay the premiums arose, at least in part, from circumstances which existed before the fixed date under the deed of company arrangement, making the claims subject to the deed and barring them from further pursuit, and thus creating a genuine dispute regarding the debt sufficient to set aside the statutory demand.

Court Disposition

Statutory demand set aside.

Orders

  • Statutory demand is set aside.
  • The defendant is to pay the plaintiff's costs of the application.