In the matter of Xton Group Pty Limited [2017] NSWSC 915

In the matter of Xton Group Pty Limited [2017] NSWSC 915

The plaintiff established, by affidavit and contemporaneous evidence, an offsetting claim exceeding the amount of the statutory demand, and the defendant, having not appeared nor led any evidence, left the claim uncontested. Therefore, the statutory demand was set aside under s 459H of the Corporations Act and indemnity costs were ordered.

Parties
Plaintiff: Xton Group Pty Limited; Defendant: Custom Shades Pty Limited
Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Application to Set Aside Creditor's Statutory Demand / Final Judgment
Outcome
Statutory demand set aside. Defendant to pay plaintiff's costs on an indemnity basis.
Legal Topics
Creditor's Statutory Demand, Offsetting Claim, Indemnity Costs
Corporations Law Civil Procedure Creditor's Statutory Demand Offsetting Claim Indemnity Costs

Case Brief

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Parties

Xton Group Pty Limited

Plaintiff

Custom Shades Pty Limited

Defendant

Procedural Posture

Application to Set Aside Creditor's Statutory Demand / Final Judgment

Legal Issues

  1. 1 Whether there is a genuine dispute as to the debt supporting the statutory demand
  2. 2 Whether the plaintiff has an offsetting claim exceeding the amount of the statutory demand
  3. 3 Whether indemnity costs should be awarded against the defendant

Ratio Decidendi

The plaintiff established, by affidavit and contemporaneous evidence, an offsetting claim exceeding the amount of the statutory demand, and the defendant, having not appeared nor led any evidence, left the claim uncontested. Therefore, the statutory demand was set aside under s 459H of the Corporations Act and indemnity costs were ordered.

Court Disposition

Statutory demand set aside. Defendant to pay plaintiff's costs on an indemnity basis.

Orders

  • Set aside the creditor's statutory demand for payment of debt served by Custom Shades Pty Limited on Xton Group Pty Ltd dated 17 August 2016.
  • The Defendant pay the Plaintiff's costs of and incidental to the application to set aside the creditor's statutory demand, including the costs of the hearing, on an indemnity basis, as agreed or as assessed.