Lynch v S.R.Lynch Management v SR Electronics [2001] NSWSC 39

Lynch v S.R.Lynch Management v SR Electronics [2001] NSWSC 39

A genuine offsetting claim, namely for at least two months' loss of profit due to the defendant's failure to maintain the mould and for specific rectification costs, exceeds the amount claimed in the statutory demand, warranting that the demand be set aside.

Jurisdiction
Australia
Judgment Date
29 January 2001
Procedural Posture
Application to Set Aside Statutory Demand / Decision on Application
Outcome
statutory demand set aside
Legal Topics
['statutory Demand' 'offsetting Claim']
['corporations Law'] ['statutory Demand' 'offsetting Claim']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Decision on Application

Legal Issues

  1. 1 ['Whether a genuine offsetting claim exists sufficient to set aside a statutory demand under section 459G']

Ratio Decidendi

A genuine offsetting claim, namely for at least two months' loss of profit due to the defendant's failure to maintain the mould and for specific rectification costs, exceeds the amount claimed in the statutory demand, warranting that the demand be set aside.

Court Disposition

statutory demand set aside

Orders

  • ['Order 1 in the application is made' "Defendant to pay the plaintiff's costs"]