Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59

Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59

The statutory demand was set aside because the claimed commission was not 'due and payable' as no compliant statement of claim was served on the plaintiff under s 36 of the Property, Stock and Business Agents Act 2002 (NSW), and thus the debt was not presently recoverable by action at the time the demand was served.

Parties
Plaintiff: Remuneration Data Base Pty Ltd; Defendants: Pauline Goodyer Real Estate Pty Ltd & Anor
Jurisdiction
Australia
Judgment Date
12 February 2007
Procedural Posture
Corporations – Application to Set Aside Statutory Demand / First Instance Judgment – Equity Division – Supreme Court of NSW
Outcome
Statutory demand set aside. Defendants to pay plaintiff's costs.
Legal Topics
Statutory Demand, Real Estate Agents Commission, Application of S 36 Property, Stock and Business Agents Act 2002 (nsw), Due and Payable Debt Under S 459 E(1) Corporations Act 2001 (cth)
Corporations Law Property Law Statutory Demand Real Estate Agents Commission Application of S 36 Property, Stock and Business Agents Act 2002 (nsw) Due and Payable Debt Under S 459 E(1) Corporations Act 2001 (cth)

Case Brief

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Parties

Remuneration Data Base Pty Ltd

Plaintiff

Pauline Goodyer Real Estate Pty Ltd & Anor

Defendants

Procedural Posture

Corporations – Application to Set Aside Statutory Demand / First Instance Judgment – Equity Division – Supreme Court of NSW

Legal Issues

  1. 1 Whether s 36 Property, Stock and Business Agents Act 2002 (NSW) applies to the debt the subject of the statutory demand
  2. 2 Whether a statement of claim complying with s 36 was served prior to the statutory demand
  3. 3 Whether, absent such statement, the debt was 'due and payable' under s 459E(1) Corporations Act 2001 (Cth)

Ratio Decidendi

The statutory demand was set aside because the claimed commission was not 'due and payable' as no compliant statement of claim was served on the plaintiff under s 36 of the Property, Stock and Business Agents Act 2002 (NSW), and thus the debt was not presently recoverable by action at the time the demand was served.

Court Disposition

Statutory demand set aside. Defendants to pay plaintiff's costs.

Orders

  • Order that the statutory demand dated 30 June 2006 served by the defendants on the plaintiff be set aside
  • Order that the defendants pay the plaintiff's costs