Multipye v Shakespeare's [2005] NSWSC 814

Multipye v Shakespeare's [2005] NSWSC 814

There was a genuine dispute as to $4647.96 of the demanded amount, and $1668.82 had been paid since the issuance of the demand; no valid offsetting claim was established in relation to the supply company. Therefore, the statutory demand was varied to reduce the amount to $52,776.76.

Jurisdiction
Australia
Judgment Date
11 August 2005
Procedural Posture
Application to Set Aside Statutory Demand / Hearing and Judgment
Outcome
Statutory demand varied; costs to defendant
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'variation of Demand']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'variation of Demand']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Hearing and Judgment

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the amount claimed in the statutory demand under s 459G of the Corporations Act' 'Whether an offsetting claim exists against the company issuing the demand']

Ratio Decidendi

There was a genuine dispute as to $4647.96 of the demanded amount, and $1668.82 had been paid since the issuance of the demand; no valid offsetting claim was established in relation to the supply company. Therefore, the statutory demand was varied to reduce the amount to $52,776.76.

Court Disposition

Statutory demand varied; costs to defendant

Orders

  • ['Statutory demand be reduced by $6316.78 to $52,776.76' "Plaintiff to pay the defendant's costs of the proceedings" 'Exhibits be returned']