Quill v Custom [1999] NSWSC 1067

Quill v Custom [1999] NSWSC 1067

There existed genuine disputes and offsetting claims totalling $168,138.33. Therefore, the statutory demand should be varied to reflect only the admitted amount, not set aside entirely.

Parties
Plaintiff: Quill Graphics Pty Ltd; Defendant: Custom Press Pty Ltd
Jurisdiction
Australia
Judgment Date
22 October 1999
Procedural Posture
Corporations Law Application to Set Aside Statutory Demand / Decision on Application Before Master
Outcome
Statutory demand varied
Legal Topics
Setting Aside Statutory Demand, Genuine Dispute, Offsetting Claim
Corporations Law Setting Aside Statutory Demand Genuine Dispute Offsetting Claim

Case Brief

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Parties

Quill Graphics Pty Ltd

Plaintiff

Custom Press Pty Ltd

Defendant

Procedural Posture

Corporations Law Application to Set Aside Statutory Demand / Decision on Application Before Master

Legal Issues

  1. 1 Whether statutory demand should be set aside or varied due to genuine disputes or offsetting claims

Ratio Decidendi

There existed genuine disputes and offsetting claims totalling $168,138.33. Therefore, the statutory demand should be varied to reflect only the admitted amount, not set aside entirely.

Court Disposition

Statutory demand varied

Orders

  • The demand served on the plaintiff by the defendant dated 1 May 1999 is varied by reducing the amount to $175,468.68.
  • Each party to pay its own costs.