NCFS Properties P/L v Hawkins [2000] NSWSC 485

NCFS Properties P/L v Hawkins [2000] NSWSC 485

The Plaintiff’s application to set aside the statutory demand was made within the statutory twenty-one day period as calculated by s105 of the Corporations Law, and the statutory demand was plausibly issued by a party lacking privity of contract, warranting the setting aside of the demand.

Parties
Plaintiff: NCFS Properties P/L; Defendant: David Charles Hawkins
Jurisdiction
Australia
Judgment Date
29 May 2000
Procedural Posture
Equity Application to Set Aside Statutory Demand / Judgment
Outcome
Plaintiff succeeds. Statutory demand set aside.
Legal Topics
S459 G Applications, Statutory Demand, Measurement of Time
Corporations Law S459 G Applications Statutory Demand Measurement of Time

Case Brief

Summary, issues, holding and outcome

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Parties

NCFS Properties P/L

Plaintiff

David Charles Hawkins

Defendant

Procedural Posture

Equity Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether the application to set aside the statutory demand was made within the twenty-one day period mandated by s459G of the Corporations Law
  2. 2 Whether the statutory demand was issued by the proper creditor
  3. 3 Whether the Termination Agreement was executed by the Plaintiff

Ratio Decidendi

The Plaintiff’s application to set aside the statutory demand was made within the statutory twenty-one day period as calculated by s105 of the Corporations Law, and the statutory demand was plausibly issued by a party lacking privity of contract, warranting the setting aside of the demand.

Court Disposition

Plaintiff succeeds. Statutory demand set aside.

Orders

  • Orders in terms of paragraph 1 of the Plaintiff's Summons of 6 April 2000.
  • The costs of the Plaintiff shall be paid by the Defendant.