In the matter of JWI Louvres (Sydney) Pty Limited [2022] NSWSC 580

In the matter of JWI Louvres (Sydney) Pty Limited [2022] NSWSC 580

A genuine dispute exists regarding the debt claimed in the statutory demand due to credible concerns over Tradesquad's invoicing practices and substantiation. Since JWI admits $22,754.13 is owed, the statutory demand is varied to that admitted sum per s 459H(4) Corporations Act 2001 (Cth); the demand is not set...

Source-derived case information.

Parties
Plaintiff: JWI Louvres (Sydney) Pty Ltd; Defendant: Tradesquad Pty Ltd
Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Application to Set Aside Statutory Demand / Decision on Application
Outcome
Creditor's statutory demand varied to admitted amount; demand stands as varied; no order as to costs.
Legal Topics
Statutory Demand, Genuine Dispute, Debt Admission, Invoicing Practices
Corporations Statutory Demand Genuine Dispute Debt Admission Invoicing Practices

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Parties

JWI Louvres (Sydney) Pty Ltd

Plaintiff

Tradesquad Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Decision on Application

Legal Issues

  1. 1 Whether a genuine dispute exists about the debt claimed in the statutory demand
  2. 2 Whether admitted portion of debt should vary the statutory demand
  3. 3 Implications of invoicing practices on reliability of claimed debt

Ratio Decidendi

A genuine dispute exists regarding the debt claimed in the statutory demand due to credible concerns over Tradesquad's invoicing practices and substantiation. Since JWI admits $22,754.13 is owed, the statutory demand is varied to that admitted sum per s 459H(4) Corporations Act 2001 (Cth); the demand is not set aside but reflects the admitted debt.

Court Disposition

Creditor's statutory demand varied to admitted amount; demand stands as varied; no order as to costs.

Orders

  • Vary the creditor's statutory demand dated 27 September 2021 issued by Tradesquad Pty Ltd to the amount of $22,754.13 and declare the demand to have effect, as so varied, as and from when served on JWI Louvres (Sydney) Pty Ltd.
  • No order as to costs; each party to bear their own costs.