| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
CORPORATIONS LIST
S CI 2014 01527
IN THE MATTER OF SPEEDY LOANS PTY LTD (ACN 102 596 465)
B E T W E E N
| SPEEDY LOANS PTY LTD (ACN 102 596 465) | Plaintiff |
| v | |
| JBT LAWYERS PTY LTD (ACN 135 848 181) | Defendant |
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JUDGE: | Gardiner AsJ | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 June 2014 | |
DATE OF JUDGMENT: | 13 June 2014 | |
CASE MAY BE CITED AS: | IMO Speedy Loans Pty Ltd | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 273 | |
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CORPORATIONS — Application to set aside statutory demand by incorporated solicitor for legal fees by reason of non-disclosure under Legal Profession Act 2004 — Demand set aside.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr St. John Hibble | Piper Alderman |
| For the Defendant | Mr J. Bowers-Taylor (solicitor) | JBT Lawyers |
HIS HONOUR:
On 12 March 2014, the defendant, JBT Lawyers Pty Ltd (JBT), an incorporated legal practice, served a statutory demand on the plaintiff Speedy Loans Pty Ltd (Speedy Loans), claiming that the sum of $36,105.89 was owing for the provision of legal services. The demand was accompanied by an affidavit of JBT’s director, Jonathan Bowers‑Taylor sworn 11 March 2014, as required by s 459E(3) of the Corporations Act 2001 (Cth) (the Act).
The schedule to the demand described the debt as follows:
Date
Invoice No
Description
Amount
14 May 2013
001255
General File
$727.87
28 May 2013
001269
General File
$261.03
13 March 2013
001141
General File
$930.38
12 June 2013
001293
Speedy Loans Pty Ltd v Jelbro Nominees Pty Ltd
$50,263.01
21 June 2013
001297
Speedy Loans Pty Ltd v Jelbro Nominees Pty Ltd
$1,913.93
25 June 2013
001307
Speedy Loans Pty Ltd v Jelbro Nominees Pty Ltd
$300.00
2 July 2013
001283
Speedy Loans Pty Ltd v Jelbro Nominees Pty Ltd
$7,689.83
25 September 2013
001412
Speedy Loans Pty Ltd v Jelbro Nominees Pty Ltd
$939.12
1 October 2013
001425
Speedy Loans Pty Ltd v Slaviero
$7,009.75
31 October 2013
Less payment
-$25,000.00
14 February 2014
Less payment
-$8,929.03
Total Amount of Debt
$36,105.89
On 2 April 2014, Speedy Loans made application by originating process for an order that the statutory demand be set aside by reason of the existence of alleged genuine disputes and offsetting claims. It also contended that the demand should be set aside for “some other reason” pursuant to s 459J(1)(b) of the Act by reason that the description of the debt in the schedule to the demand gave rise to a substantial injustice. In support of the application, Speedy Loans relies on affidavits of George Petselis sworn 2 April 2014 and 28 May 2014, and Nathan Brunt sworn 29 April 2014 and 27 May 2014.
JBT opposes the application and relies on affidavits of Mr Bowers‑Taylor sworn 21 May 2014 and 2 June 2014, and an affidavit of Clare Long sworn 2 June 2014.
As shown above, the schedule to the demand contends…
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- AGLC
- IMO Speedy Loans Pty Ltd [2014] VSC 273
- Case
- [2014] VSC 273
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to decide was whether the statutory demand should be set aside due to the solicitor's non-disclosure under the Legal Profession Act 2004. The court had to consider whether the non-disclosure was a material factor in the demand and if it affected the fairness of the statutory demand process.
The court determined that the non-disclosure by the solicitor was indeed material, as it pertained to the nature of the debt which was central to the statutory demand. The court found that the solicitor's failure to disclose the true nature of the debt undermined the fairness of the statutory demand process, and thus, the demand was set aside. The court emphasised the importance of compliance with the Legal Profession Act 2004, particularly in relation to the disclosure obligations that are intended to protect the debtor.
In conclusion, the court set aside the statutory demand issued by the incorporated solicitor against Speedy Loans Pty Ltd due to the non-disclosure of the true nature of the debt. The decision underscores the necessity for incorporated solicitors to adhere to disclosure requirements to maintain the integrity of the statutory demand process.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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Legal Principle Established
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