Salmon v Asphalt [2009] NSWSC 689

Salmon v Asphalt [2009] NSWSC 689

There was a genuine dispute as to whether the contractual conditions for payment under the Deed of Agreement were satisfied, and the plaintiff had an offsetting claim that was not frivolous or vexatious, thereby warranting the setting aside of the statutory demand under s 459G of the Corporations Act.

Jurisdiction
Australia
Judgment Date
23 July 2009
Procedural Posture
Corporations Law Application to Set Aside Statutory Demand / Judgment After Interlocutory Application
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'section 459 G Corporations Act']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'section 459 G Corporations Act']

Case Brief

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Procedural Posture

Corporations Law Application to Set Aside Statutory Demand / Judgment After Interlocutory Application

Legal Issues

  1. 1 ['Whether there was a genuine dispute in respect of the statutory demand issued for $187,000 under s 459G of Corporations Act 2001.' 'Whether the plaintiff had an offsetting claim sufficient to set aside the statutory demand.']

Ratio Decidendi

There was a genuine dispute as to whether the contractual conditions for payment under the Deed of Agreement were satisfied, and the plaintiff had an offsetting claim that was not frivolous or vexatious, thereby warranting the setting aside of the statutory demand under s 459G of the Corporations Act.

Court Disposition

Statutory demand set aside

Orders

  • ['The statutory demand served on the plaintiff by the defendants dated 26 August 2008 to be set aside.' "The defendants to pay the plaintiff's costs of the proceedings."]