Select Foods v Gold Label Building Products and Services [2009] NSWSC 213

Select Foods v Gold Label Building Products and Services [2009] NSWSC 213

The plaintiff established a genuine offsetting claim greater than the debt under the statutory demand, warranting that the demand be set aside under s 459H of the Corporations Act 2001 (Cth).

Source-derived case information.

Parties
Plaintiff: Select Foods Pty Ltd; Defendant: Gold Label Building Products and Services Pty Ltd
Jurisdiction
Australia
Judgment Date
16 March 2009
Procedural Posture
Application to Set Aside Statutory Demand / Ex Tempore Judgment on Application
Outcome
Statutory demand set aside; defendant ordered to pay plaintiff's costs on the ordinary basis; exhibits to be returned after 28 days.
Legal Topics
Statutory Demand, Offsetting Claim, Adjudication Certificate, Damages for Breach of Contract
Corporations Law Building and Construction Statutory Demand Offsetting Claim Adjudication Certificate Damages for Breach of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Select Foods Pty Ltd

Plaintiff

Gold Label Building Products and Services Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Ex Tempore Judgment on Application

Legal Issues

  1. 1 Whether the plaintiff has an offsetting claim under s 459H of the Corporations Act 2001 (Cth) exceeding the amount of debt in the statutory demand
  2. 2 Whether the proceedings should be adjourned due to the defendant's solicitor ceasing to act
  3. 3 Whether indemnity costs should be ordered against the defendant

Ratio Decidendi

The plaintiff established a genuine offsetting claim greater than the debt under the statutory demand, warranting that the demand be set aside under s 459H of the Corporations Act 2001 (Cth).

Court Disposition

Statutory demand set aside; defendant ordered to pay plaintiff's costs on the ordinary basis; exhibits to be returned after 28 days.

Orders

  • Orders made in accordance with paragraph 1 of the originating process (setting aside the statutory demand)
  • Defendant to pay plaintiff's costs of the proceedings on the ordinary basis