Kerslake Superannuation Pty Ltd v C & L Building Pty Ltd [2010] NSWSC 424

Kerslake Superannuation Pty Ltd v C & L Building Pty Ltd [2010] NSWSC 424

The statutory demand should be varied to reflect the quantified offsetting claim for concreting defects, reducing the demand to $8,214.18, as the claim was genuine and sufficiently raised in the original affidavit.

Jurisdiction
Australia
Judgment Date
06 May 2010
Procedural Posture
Corporations Winding Up in Insolvency Statutory Demand / Application Under S 459 G to Set Aside or Vary Statutory Demand
Outcome
Statutory demand varied and declared to have effect as so varied; no order as to costs.
Legal Topics
['statutory Demand' 'offsetting Claim' 'adjudication Certificate' 'concreting Defects']
['corporations Law' 'building and Construction Law'] ['statutory Demand' 'offsetting Claim' 'adjudication Certificate' 'concreting Defects']

Case Brief

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Procedural Posture

Corporations Winding Up in Insolvency Statutory Demand / Application Under S 459 G to Set Aside or Vary Statutory Demand

Legal Issues

  1. 1 ['Whether the statutory demand should be set aside or varied based on an offsetting claim' 'Extent to which offsetting claim must be quantified in the supporting affidavit under s 459G' 'Genuineness of the offsetting claim']

Ratio Decidendi

The statutory demand should be varied to reflect the quantified offsetting claim for concreting defects, reducing the demand to $8,214.18, as the claim was genuine and sufficiently raised in the original affidavit.

Court Disposition

Statutory demand varied and declared to have effect as so varied; no order as to costs.

Orders

  • ['Order that the statutory demand dated 3 February 2010 be varied by reducing the amount to $8,214.18.' 'Declare that the statutory demand is to have had effect as so varied as from when the statutory demand was served on the plaintiff.' 'No order as to costs; each party to bear its own costs.']