Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers (Aust) Pty Ltd

[1993] FCA 1071

7         93

JUDGMENT No. ........ ........ .. l ....,,.. ...

COURT OF AUSTRALIA )

GISTRX ) No. NG 3292 of 1993

BETWEEN :  WICK INDUSTRIES ( SOUTH

-

Applicant

AND :

Respondent

17 DECEMBER 1993

c

This is an application under section 4596 of the Corporations Law to set aside a notice of statutory demand. In essence the debtor company seeks to assert that it has an offsetting claim which is greater than the claim of the creditor against it, the difference being, so it is said, substantiql.

The matter has proceeded part-heard before me. I have read

company) realises that the result of the proceeding if it	continues today will probably be that the application to set
aside the demand will fail, has asked for a adjournment of the matter. I think that is objected to on the basis that the company has had a chance to put its house in order and, indeed, has specifically had its attention directed to certainly the defects which are said to exist in the affidavits, but chose to proceed with the matter today.
There is indeed some substance in that contention of counsel for the creditor. However, I think the interests of justice e
require that the matter be adjourned, and I propose to adjourn it to a date as reasonably convenient in the near future. I should add that counsel for the company foreshadowed an objection to the form of the statutory demand, mainly that it is in fact undated, but that objection is no longer pressed.

three affidavits on behalf of the debtor company and also the evidence from the creditor. Objection has been taken by counsel for the creditor to most of the affidavit of Mr Haig, who is the principal deponent. This is the principal affidavit and as the affidavit is presently framed most of the objections are well taken. I will, if the parties desire, indicate my precise rulings on each paragraph but counsel for the debtor company (the

I certify that this and the

preceding one (l! page &re a true copy of the reasons for judgment herein of the Honourable Mr. Justice Lockhart.

Associate G d /A

Dated: 17 December 1993

Counsel for the ~pplicants	Mr B Skinner
Solicitors for the Applicnats :	OrConnor Filewood & CO
Counsel for the Respondent	Mr R Parsons
Solicitors for the Respondent :	Cassidy Gibson Howlin
Date of Hearing	17 December 1993
Date of Judgment	17 December 1993