| Steelfab Engineering Pty Ltd v BMS Group Australia Pty Ltd (WASC) - corporations - statutory demand - plaintiff established off-setting claim greater than that of demand - demand set aside |
| R v Pettersson; ex parte Fenshaw Pty Ltd (TASSC) - security of payments - stay of hearing and determination of general order to show cause until prosecutor paid amount into Court |
| Summaries With Link (Five Minute Read) |
Steelfab Engineering Pty Ltd v BMS Group Australia Pty Ltd [2015] WASC 299
Supreme Court of Western Australia
Master Sanderson
Corporations - statutory demand - plaintiff sought to set aside statutory demand for money owing for goods and services provided by defendant - whether plaintiff had quantified its off-setting claim as required by s459H(2) Corporations Act 2001 (Cth) - whether plaintiff established 'the amount of that claim' under definition of 'offsetting total' - held: plaintiff established it had offsetting claim greater than amount of demand - demand set aside.
Steelfab
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R v Pettersson; ex parte Fenshaw Pty Ltd [2015] TASSC 33
Supreme Court of Tasmania
Porter J
Security of payments - prosecutor sought to quash adjudicator’s determination under Pt 5 Building and Construction Industry Security of Payment Act 2009 (Tas) - adjudicator had determined prosecutor obliged to pay amount to respondent - respondent sought stay of hearing and determination of order to show cause until amount due under judgment was paid into Court or to it - held: order made that hearing and determination of general order to show cause be stayed until prosecutor paid unpaid amount of adjudicated judgment into Court.
Pettersson
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