TQM Design & Construct Pty Limited -v- M I Kitchen Design Pty Ltd [2011] NSWSC 800

A statutory demand based on a rescinded judgment debt must be set aside, as maintaining it would circumvent the policy behind the statutory demand provisions.

Jurisdiction: Australia
Judgment Date: 21 July 2011
Procedural Posture: Application to Set Aside Statutory Demand / Decision
Outcome: Statutory demand set aside
Legal Topics: ['statutory Demand' 'judgment Debt' 'corporations Act 2001 (cth) S 459 J(1)(b)']

['corporations Law'] ['statutory Demand' 'judgment Debt' 'corporations Act 2001 (cth) S 459 J(1)(b)']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application to Set Aside Statutory Demand / Decision

Legal Issues

1 ['Whether a statutory demand based on a judgment debt can stand when the judgment has been set aside']

Ratio Decidendi

A statutory demand based on a rescinded judgment debt must be set aside, as maintaining it would circumvent the policy behind the statutory demand provisions.

Court Disposition

Statutory demand set aside

Orders

['The statutory demand dated 24 November 2010 is set aside.' "The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis until 12 February 2011 and, thereafter, on the indemnity basis."]