Offshore and Ocean Engineering v Greenwich Contractors [2012] NSWSC 889

Offshore and Ocean Engineering v Greenwich Contractors [2012] NSWSC 889

There was a genuine dispute as to invoices 2331 and 2351, but not as to invoices 2282, 2284 and 2330. The Graywinter principle precluded reliance on budget arguments not particularised in the supporting affidavits. As a result, the statutory demand was varied to reflect the substantiated amount not subject to genuine dispute, which was not less than the statutory minimum, and time for compliance was extended.

Parties
Plaintiff: Offshore and Ocean Engineering Pty Ltd; Defendant: Greenwich Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
26 July 2012
Procedural Posture
Application to Set Aside Statutory Demand / Principal Judgment; Decision on Application
Outcome
Statutory demand varied to exclude disputed invoices; time for compliance extended; costs to defendant.
Legal Topics
Statutory Demand, Genuine Dispute, Graywinter Principles, Setting Aside Demand
Corporations Law Statutory Demand Genuine Dispute Graywinter Principles Setting Aside Demand

Case Brief

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Parties

Offshore and Ocean Engineering Pty Ltd

Plaintiff

Greenwich Contractors Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Principal Judgment; Decision on Application

Legal Issues

  1. 1 Whether Graywinter principles preclude reliance on grounds not expressly or by inference identified in supporting affidavit
  2. 2 Whether there is a genuine dispute as to the existence of the debt

Ratio Decidendi

There was a genuine dispute as to invoices 2331 and 2351, but not as to invoices 2282, 2284 and 2330. The Graywinter principle precluded reliance on budget arguments not particularised in the supporting affidavits. As a result, the statutory demand was varied to reflect the substantiated amount not subject to genuine dispute, which was not less than the statutory minimum, and time for compliance was extended.

Court Disposition

Statutory demand varied to exclude disputed invoices; time for compliance extended; costs to defendant.

Orders

  • The statutory demand is varied to the substantiated amount of $162,073.84.
  • The demand is declared to have had effect, as so varied, from the date of service.