FEDERAL COURT OF AUSTRALIA
Eiros Pty Ltd v St George Bank Ltd [2008] FCA 1475
CORPORATIONS – statutory demand – application to vary or set aside – off-setting claim constituted by a costs order – whether other costs orders should be set-off against the offsetting claim
Aussie Vic Plant Hire Ltd v Esanda Finance Corporation Limited (2008) 232 CLR 314
Barker v Hemming (1880) 5 QBD 609
David v Rees [1904] 2 KB 435
Edwards v Hope (1885) 14 QBD 922
Hassell v Sanely [1896] 1 Ch 607
Lockley v National Blood Transfusion Service [1992] 1 WLR 492
Midas v Equator [2007] 25 ACLC 1038
Pringle v Gloag (1879) 10 Ch D 676
Reid v Cupper [1915] 2 KB 147
Wentworth v Wentworth (unreported, Supreme Court of New South Wales, Young J, 12 December 1994)Williams, Civil Procedure Victoria
EIROS PTY LTD, THIRTEENTH CORP PTY LTD, APADANA PTY LTD, SHALRIDGE PTY LTD, BOMAN IRANI PTY LTD and COMBULK PTY LTD v ST GEORGE BANK LIMITED
VID 505 of 2008
FINKELSTEIN J
3 OCTOBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 505 of 2008
BETWEEN:
EIROS PTY LTD,
THIRTEENTH CORP PTY LTD,
APADANA PTY LTD,
SHALRIDGE PTY LTD,
BOMAN IRANI PTY LTD and
COMBULK PTY LTD
Plaintiffs
AND:
ST GEORGE BANK LIMITED
Defendant
JUDGE:
FINKELSTEIN J
DATE OF ORDER:
3 OCTOBER 2008
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The debt claimed in the statutory demands dated 12 June 2008, served by the defendant on Eiros Pty Ltd, Thirteenth Corp Pty Ltd, Apadana Pty Ltd, Shalridge Pty Ltd, Boman Irani Pty Ltd and Combulk Pty Ltd, be reduced by $14,075.98 to $290,068.90.
2.The period for compliance with the statutory demands shall end on 17 October 2008.
3.The plaintiffs’ application is otherwise dismissed.
4.The plaintiffs pay the defendant’s costs to be taxed in default of agreement.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 505 of 2008
BETWEEN:
EIROS PTY LTD,
THIRTEENTH CORP PTY LTD,
APADANA PTY LTD,
SHALRIDGE PTY LTD,
BOMAN IRANI PTY LTD and
COMBULK PTY LTD
PlaintiffsAND:
ST GEORGE BANK LIMITED
Defendant
JUDGE:
FINKELSTEIN J
DATE:
3 OCTOBER 2008
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
During the last five years Dr Boman Irani, his wife Homai Irani and corporate entities associated with them (the plaintiffs) have been engaged in a battle with St George Bank which is being waged in State and Federal courts. To this point the Iranis and the plaintiffs have had only a small measure of success. The plaintiffs want to improve the score. They bring this application to set aside statutory demands that were served by the Bank in respect of a debt for $304,144.88. Applications to set aside demands are generally dealt with by a registrar or master. This particular application raises an interesting point and that is why it has been referred to a judge.
It is necessary to…
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- Case
- [2008] FCA 1475
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and submissions from both parties, focusing on the calculation of the debt and the procedural correctness of the statutory demands. The bank argued that the full amount of the debt was due and payable, while Eiros Pty Ltd contended that the debt was overstated. After reviewing the evidence, the court found that the debt claimed was indeed overstated by $14,075.98. Consequently, the court reduced the amount of the debt to $290,068.90. The court also determined that the statutory demands were appropriately issued but ordered that the period for compliance with these demands be extended to 17 October 2008. The court dismissed the bank’s application in all other respects and ordered the bank to pay the defendant's costs.
Orders
Orders of the court
1. The debt claimed in the statutory demands dated 12 June 2008, served by the defendant on Eiros Pty Ltd, Thirteenth Corp Pty Ltd, Apadana Pty Ltd, Shalridge Pty Ltd, Boman Irani Pty Ltd and Combulk Pty Ltd, be reduced by $14,075.98 to $290,068.90.
2. The period for compliance with the statutory demands shall end on 17 October 2008.
3. The plaintiffs’ application is otherwise dismissed.
4. The plaintiffs pay the defendant’s costs to be taxed in default of agreement.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: FINKELSTEIN J
Full text does not contain this section.