TELPACIFIC v FORDANCE [2002] NSWSC 253

TELPACIFIC v FORDANCE [2002] NSWSC 253

The statutory demand was set aside because there were genuine disputes concerning the authority of the director to sign and the calculation of the amount claimed, which was only an estimate—plaintiff had actually overpaid.

Jurisdiction
Australia
Judgment Date
19 March 2002
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
statutory demand set aside
Legal Topics
['statutory Demand' 's 459 G Corporations Act' 'genuine Dispute']
['corporations Law'] ['statutory Demand' 's 459 G Corporations Act' 'genuine Dispute']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the amount claimed in the statutory demand under s 459G of the Corporations Act' 'Whether the director who signed had authority' 'Whether the demand was based on an estimate rather than actual fees']

Ratio Decidendi

The statutory demand was set aside because there were genuine disputes concerning the authority of the director to sign and the calculation of the amount claimed, which was only an estimate—plaintiff had actually overpaid.

Court Disposition

statutory demand set aside

Orders

  • ['The statutory demand served by the defendant dated 21 November 2001 is set aside.' "The defendant must pay the plaintiff's costs."]