W & P REEDY PTY LIMITED v MACADAMS BAKING SYSTEMS (PTY) LTD [2007] NSWCA 146

W & P REEDY PTY LIMITED v MACADAMS BAKING SYSTEMS (PTY) LTD [2007] NSWCA 146

The appellant failed to establish an offsetting claim to the required level of substantiation. The faulty workmanship claim was correctly rejected. The commission claim was not shown to be owing to the appellant rather than to Mr Bryndum or European Bakery Importers Pty Limited, and in any event there was no plausible basis for contending that any further commission was payable beyond the $51,807.30 already credited. The statutory demand was therefore upheld and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
19 June 2007
Procedural Posture
Appeal Concerning Application to Set Aside or Reduce a Statutory Demand on the Basis of an Offsetting Claim Under S459 H of the Corporations Act 2001 (cth) / Application for Leave to Appeal and Appeal From the Decision of Barrett J in the Supreme Court, Equity Division
Outcome
Leave to appeal granted. Appeal dismissed with costs.
Legal Topics
['statutory Demand' 'offsetting Claim' 'serious Question to Be Tried' 'particularity of Claim' 'appeal']
['corporations' 'civil Procedure'] ['statutory Demand' 'offsetting Claim' 'serious Question to Be Tried' 'particularity of Claim' 'appeal']

Case Brief

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Procedural Posture

Appeal Concerning Application to Set Aside or Reduce a Statutory Demand on the Basis of an Offsetting Claim Under S459 H of the Corporations Act 2001 (cth) / Application for Leave to Appeal and Appeal From the Decision of Barrett J in the Supreme Court, Equity Division

Legal Issues

  1. 1 ["Whether the appellant had an offsetting claim under s459H of the Corporations Act 2001 (Cth) sufficient to set aside or reduce the respondent's statutory demand." 'Whether alleged commission payments were owing to the appellant rather than to Mr Bryndum or European Bakery Importers Pty Limited.' 'Whether any commission entitlement had been satisfied by the 26 June 2002 adjustment of $51,807.30.' 'Whether the alleged faulty workmanship claim provided an offsetting claim.']

Ratio Decidendi

The appellant failed to establish an offsetting claim to the required level of substantiation. The faulty workmanship claim was correctly rejected. The commission claim was not shown to be owing to the appellant rather than to Mr Bryndum or European Bakery Importers Pty Limited, and in any event there was no plausible basis for contending that any further commission was payable beyond the $51,807.30 already credited. The statutory demand was therefore upheld and the appeal dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed with costs.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed with costs.']