In the matter of Urban Purveyor Group Pty Ltd [2015] NSWSC 1705

In the matter of Urban Purveyor Group Pty Ltd [2015] NSWSC 1705

There existed a genuine dispute, as defined in s 459H of the Corporations Act 2001 (Cth), about the amount claimed in the statutory demand as the plaintiff demonstrated plausible contentions that (a) certain invoiced charges were not in accordance with the agreed rates and (b) some additional work was not properly...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Application to Vary Statutory Demand Under S 459 H of the Corporations Act 2001 (cth) / Judgment on Application
Outcome
Statutory demand varied by deducting disputed amounts; declaration made as to effect of demand, as varied.
Legal Topics
['statutory Demands' 'genuine Dispute' 'affidavit Evidence' 'contractual Variance']
['corporate Law' 'insolvency'] ['statutory Demands' 'genuine Dispute' 'affidavit Evidence' 'contractual Variance']

Source-derived case record

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Procedural Posture

Application to Vary Statutory Demand Under S 459 H of the Corporations Act 2001 (cth) / Judgment on Application

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the existence or amount of debt claimed in the statutory demand under s 459H of the Corporations Act 2001 (Cth)' 'Whether amounts charged in invoices were over and above agreed rates (overcharging claim)' 'Whether charges for additional work were properly authorised (unauthorised work claim)']

Ratio Decidendi

There existed a genuine dispute, as defined in s 459H of the Corporations Act 2001 (Cth), about the amount claimed in the statutory demand as the plaintiff demonstrated plausible contentions that (a) certain invoiced charges were not in accordance with the agreed rates and (b) some additional work was not properly authorised. The statutory demand was therefore to be varied by deducting amounts in dispute, and a declaration made that the varied demand took effect from the date of service.

Court Disposition

Statutory demand varied by deducting disputed amounts; declaration made as to effect of demand, as varied.

Orders

  • ['The statutory demand is to be varied by reducing the amount claimed from $466,223.04 to $384,459.55.' 'Declaration that the statutory demand, as varied, has effect as from when served on the plaintiff.' 'If parties are unable to agree on costs, the matter is to be listed for hearing regarding costs.']