RCM Constructions Pty Limited v McNeice [2013] NSWSC 754

RCM Constructions Pty Limited v McNeice [2013] NSWSC 754

There was no genuine dispute as to invoices #2317 and #2799, but other components of the statutory demand were excluded because of the Tarrants defence or for reasons addressed in the related Touma Family Super Fund judgment concerning administration charges and interest. The statutory demand was therefore varied to the amount of $42,718.50 rather than set aside in full.

Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Application to Set Aside a Statutory Demand / Principal Judgment
Outcome
Statutory demand varied; plaintiff awarded 75% of its costs.
Legal Topics
['statutory Demand' 'genuine Dispute' 'variation of Statutory Demand' 'invoices' 'costs']
['corporations' 'insolvency' 'debt Recovery'] ['statutory Demand' 'genuine Dispute' 'variation of Statutory Demand' 'invoices' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside a Statutory Demand / Principal Judgment

Legal Issues

  1. 1 ['Whether the statutory demand against RCM Constructions Pty Limited should be set aside or varied.' 'Whether there was a genuine dispute about invoices included in the statutory demand, including disputes as to quantum and whether work was performed by Tarrants.' 'Whether administration fees and interest should be included in the statutory demand.']

Ratio Decidendi

There was no genuine dispute as to invoices #2317 and #2799, but other components of the statutory demand were excluded because of the Tarrants defence or for reasons addressed in the related Touma Family Super Fund judgment concerning administration charges and interest. The statutory demand was therefore varied to the amount of $42,718.50 rather than set aside in full.

Court Disposition

Statutory demand varied; plaintiff awarded 75% of its costs.

Orders

  • ['The statutory demand is varied by reducing it to $42,718.50, being invoices #2317 and #2799.' 'The statutory demand is declared to have had effect, as so varied, from 12 April 2012.' 'The time for complying with the demand is extended by 21 days from the date of the reasons.' 'The plaintiff is to receive...