Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd

In the matter of Remuneration Data Base Pty Ltd versus Pauline Goodyer Real Estate Pty Ltd, the dispute centred on whether a statutory demand served by the defendants, Pauline Goodyer Real Estate Pty Ltd, was valid in respect of a debt claimed for a selling fee under a contract for the marketing and sale of property. The case was heard and determined by the Supreme Court of New South Wales.

The primary legal issue was whether section 36 of the Property, Stock and Business Agents Act 2002 (NSW) applied to the debt in question. If it did, the court had to determine whether the documents sent by the defendants to the plaintiff constituted a statement of claim that satisfied the requirements of section 36. Additionally, the court needed to decide whether the debt was not "due and payable" due to the failure to satisfy section 36. This issue was considered in light of section 459E(1) of the Corporations Act 2001 (Cth) and the principles established in the case of Re Elgar Heights Pty Ltd (No 1) [1985] VR 657.

The court found that section 36 of the Property, Stock and Business Agents Act 2002 (NSW) was applicable to the debt in question. However, the documents sent by the defendants did not constitute a statement of claim that satisfied the requirements of section 36. As a result, the court concluded that the debt was not "due and payable" due to this failure. Consequently, the court ordered that the statutory demand be set aside.