Moving Tactics Pty Ltd v IPMG Digital Pty Ltd [2011] NSWSC 162

Moving Tactics Pty Ltd v IPMG Digital Pty Ltd [2011] NSWSC 162

Plaintiff established a genuine offsetting claim in respect of legal costs incurred due to defendant's misleading and deceptive conduct, but did not establish a genuine claim for lost revenue. Statutory demand varied to reflect the offsetting claim for legal costs only.

Jurisdiction
Australia
Judgment Date
25 February 2011
Procedural Posture
Interlocutory Application / Application for Order to Set Aside or Vary Statutory Demand
Outcome
Statutory demand varied; no order as to costs.
Legal Topics
['statutory Demand' 'offsetting Claim' 'misleading and Deceptive Conduct' 'legal Costs' 'lost Revenue']
['corporations Law'] ['statutory Demand' 'offsetting Claim' 'misleading and Deceptive Conduct' 'legal Costs' 'lost Revenue']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Order to Set Aside or Vary Statutory Demand

Legal Issues

  1. 1 ['Whether plaintiff has a genuine offsetting claim against statutory demand' 'Whether legal costs and lost revenue claimed by plaintiff are genuine offsetting claims' 'Whether statutory demand should be varied pursuant to s 459H Corporations Act 2001 (Cth)']

Ratio Decidendi

Plaintiff established a genuine offsetting claim in respect of legal costs incurred due to defendant's misleading and deceptive conduct, but did not establish a genuine claim for lost revenue. Statutory demand varied to reflect the offsetting claim for legal costs only.

Court Disposition

Statutory demand varied; no order as to costs.

Orders

  • ["The creditor's statutory demand dated 8 October 2010 addressed to the plaintiff is varied by substituting $32,943.57 for $49,218.75." 'No order as to costs; each party to bear its own costs of proceedings.']