In the matter of Fewin Pty Ltd

The proceedings arose from an application by the respondent, Fewin Pty Ltd, to set aside a statutory demand issued by a creditor. The matter was heard in the Supreme Court of New South Wales. The respondent sought to have the statutory demand set aside on the basis that it was issued in error, arguing that the certificate of taxation attached to the demand was not valid. The primary issue before the court was whether the certificate of taxation was calculated in accordance with the relevant order for costs and whether it was a valid certificate. Additionally, the court needed to determine whether there was a judgment debt due and payable, and whether the purported certificate of taxation was in fact a certificate at all.

The court examined the relevant legislation and case law to determine whether the certificate of taxation was valid. The court noted that a valid certificate of taxation binds the parties unless there is a pending application to set aside or review it. The respondent argued that the certificate was not valid because it was not issued by the court but rather a draft was lodged. The court held that the notice of filing did not record the issue of the certificate by the court, and therefore, no certificate was issued. The court further found that there was no reason to set aside the demand on the basis that the certificate was not calculated in accordance with the order for costs, as there was no evidence to support this claim. The court concluded that the demand was valid and could not be set aside.

The court ultimately dismissed the application to set aside the statutory demand. The court found that the certificate of taxation was not valid as it was not issued by the court, and therefore, there was no judgment debt due and payable. The court held that the respondent had not provided sufficient evidence to support its claim that the certificate was not calculated in accordance with the order for costs. The court's decision was based on the evidence presented and the relevant legal principles. The final orders of the court were that the application to set aside the statutory demand be dismissed with costs.