In the matter of Killard Excavation Pty Limited

Killard Excavation Pty Limited applied to set aside a statutory demand made by an entity, which sought payment of a debt. The court was required to determine whether there was a genuine dispute as to the existence or amount of the debt claimed, whether fees were payable by the plaintiff for services rendered by the defendant, and to construe the contract for services between the plaintiff and the defendant. The court found that there was a genuine dispute as to the amount of the debt claimed, as there was a legitimate difference of opinion as to whether the defendant had completed the work to the satisfaction of the plaintiff. The court also found that the fees payable by the plaintiff for the services rendered by the defendant were reasonable and that the statutory demand was defectively served, as the post office box specified as the address for service was not a valid address. The court ultimately set aside the statutory demand and ordered that the plaintiff pay the defendant’s costs of the application.