NATIONWIDE PACIFIC NL -v- RANGE RESOURCES LTD [2001] WASC 82

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 82
Case No:	COR:13/2001	Heard:	21 MARCH 2001
Coram:	MASTER SANDERSON	Delivered:	29/03/01
No of pages:	10	Judgment Part:	1 of 1
Result:	Remand set aside
PDF Version

Parties:	NATIONWIDE PACIFIC NL (ACN 003 283 378) RANGE RESOURCES LTD (ACN 002 522 009) PACIFIC ISLANDS GOLD NL (ACN 003 144 670)
Catchwords:	Corporations Law Application to set aside statutory demand Turns on own facts
Legislation:	Corporations Law, s 459H(1)(a)
Case References:	Classic Ceramic Importers v Ceramica Antiga SA (1994) 12 ACLC 334 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 Clearance Nominees Pty Ltd v Discount Acceptance Corporation Pty Ltd, unreported; SCt of WA; Library No 970593; 7 November 1997 Edge Technology Pty Ltd v Lite-On Technology Corporation (2000) NSWSC 471 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACLC 669 First State Computing Pty Ltd v Kyling (1995) 13 ACLC 939 Four Seasons Construction Pty Ltd [2000] WASC 277 Gray Winter Properties Pty Ltd v Gas and Fuel Corporation Superannuation Fund [1996] ACLC 1703 Haynes v Hirst (1927) 27 SR(NSW) 480 Immer (No 145) Pty Ltd v The Uniting Church of Australia Property Trust (NSW) (1993) 182 CLR 26 Jarpab Pty Ltd v Mark Winter (t/a Bolden Haulage) (1994) 12 ACLC 688 John Holland Construction and Engineering Pty Ltd v Kilpatrick Green Pty Ltd (1994) 12 ACLC 716 Kalamunda Meat Wholesalers Pty Ltd v Reg Russell & Sons Pty Ltd (1994) 12 ACLC 391 Mibor Investments Pty Ltd v Commonwealth Bank of Australia (1993) 11 ACLC 1062 NQEA Australia Pty Ltd v ADI Ltd (1999) 17 ACLC 927 Re Morris Catering (Australia) Pty Ltd (1993) 11 ACLC 919 Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 137 ALR 47 Rohalo Pharmaceutical Pty Ltd v RP Scherer SpA (1995) 13 ACLC 94 Scanhill Pty Ltd v Century 21 Australasia Pty Ltd (1994) 12 ACLC 111 Sharyn Developments v The Official Receiver (1980) 5 ACLR 1 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 15 ACLC 1001 Tropical Traders Ltd v Goonan (1964) 111 CLR 41

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : NATIONWIDE PACIFIC NL -v- RANGE RESOURCES LTD [2001] WASC 82 CORAM : MASTER SANDERSON HEARD : 21 MARCH 2001 DELIVERED : 29 MARCH 2001 FILE NO/S : COR 13 of 2001 MATTER : An application under Section 459G of the Corporations Law to set aside a statutory demand

BETWEEN : NATIONWIDE PACIFIC NL (ACN 003 283 378)

Plaintiff

AND

RANGE RESOURCES LTD (ACN 002 522 009)

Defendant

FILE NO/S : COR 14 of 2001 MATTER : An application under Section 459G of the Corporations Law to set aside a statutory demand

BETWEEN : PACIFIC ISLANDS GOLD NL (ACN 003 144 670)

Plaintiff

AND

RANGE RESOURCES LTD (ACN 002 522 009)

Defendant

(Page 2)

Catchwords:

Corporations Law - Application to set aside…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] WASC 82
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Western Australia, the case of Nationwide Pacific NL v Range Resources Ltd involved two separate applications by Nationwide Pacific NL and Pacific Islands Gold NL to set aside statutory demands issued by Range Resources Ltd. The dispute centred around the interpretation of a clause in a 1997 agreement, which stipulated that if certain conditions were not met, a balance of $1,400,000 would be payable by the plaintiffs to Range Resources by 1 January 2000, with a potential extension to 1 January 2001. The plaintiffs argued that after Mt Kasi, a subsidiary of Nationwide Pacific NL, entered into a scheme of arrangement with its creditors in 1998, Range Resources' claims were barred and extinguished, and thus no money was due under the 1997 agreement. The court had to determine whether there was a genuine dispute between the parties, as required by Section 459H(1)(a) of the Corporations Law.

The court found that there was indeed a genuine dispute regarding the interpretation of the clause in the 1997 agreement. The plaintiffs' argument that the scheme of arrangement barred and extinguished Range Resources' claims was highly persuasive. The court refrained from determining the dispute but found that there was a genuine dispute in relation to the debt. Consequently, the statutory demand was set aside, and the court would hear the parties regarding the precise form of order and costs.

Orders