Wizcorp Pty Limited v McNeice [2013] NSWSC 753

The statutory demand was varied because the Court accepted the sums for invoices #1908 and #2538, but excluded invoice #4011 and the administration and interest charges for the reasons given in Touma Family Super Fund Pty Limited v McNeice (2012/140381).

Jurisdiction: Australia
Judgment Date: 14 June 2013
Procedural Posture: Application to Set Aside a Statutory Demand / Principal Judgment
Outcome: Vary statutory demand; no order as to costs
Legal Topics: ['debts' 'statutory Demand' 'application to Set Aside Statutory Demand']

['corporations'] ['debts' 'statutory Demand' 'application to Set Aside Statutory Demand']

Case Brief

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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 a Statutory Demand / Principal Judgment

Legal Issues

1 ['Whether the statutory demand should be set aside or varied.' 'Whether invoice amounts in the statutory demand should be allowed where the plaintiff disputed quantum and alleged the work was not done.' 'Whether the statutory demand should include invoice #4011 where the plaintiff claimed Tarrants, rather than the defendants, completed the work.' 'Whether administration charges and interest charges should be included in the statutory demand.']

Ratio Decidendi

Court Disposition

Vary statutory demand; no order as to costs

Orders

['The statutory demand is varied by reducing it to $5,720.00.' 'Declare that the statutory demand had effect as so varied from 12 April 2012.' 'The time for complying is extended by 21 days after the date of these reasons.' 'No order as to costs in these proceedings.']