In the Matter of Macquarie Prestige Developments Pty Ltd [2012] NSWSC 1060

In the Matter of Macquarie Prestige Developments Pty Ltd [2012] NSWSC 1060

The plaintiff has established an offsetting claim only to the quantum of $88,802.37 based on credible evidence of variation orders for rectification of defects. There is insufficient evidence to support offsetting claims for delay or additional damages to any greater amount. Therefore, the statutory demand is to be varied to the substantiated balance, $27,052.38, pursuant to s 459H(4) of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
29 August 2012
Procedural Posture
Corporations – Statutory Demand Variation / Hearing and Orders on Application to Set Aside or Vary Creditor's Statutory Demand
Outcome
Creditor's statutory demand varied; no order as to costs.
Legal Topics
['statutory Demand' 'offsetting Claim' 'building Contract' 'rectification of Defects' 'damages for Delay']
['corporations Law'] ['statutory Demand' 'offsetting Claim' 'building Contract' 'rectification of Defects' 'damages for Delay']

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Procedural Posture

Corporations – Statutory Demand Variation / Hearing and Orders on Application to Set Aside or Vary Creditor's Statutory Demand

Legal Issues

  1. 1 ["Whether there exists a genuine offsetting claim under s 459G of the Corporations Act 2001 (Cth) that exceeds or reduces the amount of the creditor's statutory demand;" 'Whether the evidence is sufficient to quantify the offsetting claim;' 'What orders should be made as to costs']

Ratio Decidendi

The plaintiff has established an offsetting claim only to the quantum of $88,802.37 based on credible evidence of variation orders for rectification of defects. There is insufficient evidence to support offsetting claims for delay or additional damages to any greater amount. Therefore, the statutory demand is to be varied to the substantiated balance, $27,052.38, pursuant to s 459H(4) of the Corporations Act 2001 (Cth).

Court Disposition

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

Orders

  • ["Order pursuant to section 459H(4), that the creditor's statutory demand dated 23 February 2012 be varied by substituting for the amount of the demand the sum of $27,052.38." 'Declare that the demand has had effect as so varied as from the date on which it was served on the plaintiff, namely 23 February 2012.' 'No...