WESTPOINT CORPORATION PTY LTD -v- IMAGE PROGRESS PTY LTD [2005] WASC 239

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 239
Case No:	COR:155/2005	Heard:	27 OCTOBER 2005
Coram:	MASTER SANDERSON	Delivered:	7/11/05
No of pages:	9	Judgment Part:	1 of 1
Result:	Demand set aside
Category:	B
PDF Version

Parties:	WESTPOINT CORPORATION PTY LTD (ACN 009 395 751) IMAGE PROGRESS PTY LTD (ACN 110 725 294)
Catchwords:	Corporations Act Application to set aside statutory demand Turns on own facts
Legislation:	Corporations Act 2001 (Cth), s 459G(2), s 459H(1) Property Law Act 1969 (WA), s 20, s 20(1)
Case References:	David Grant & Co Pty Ltd v Westpac Banking Corporation (1994) 12 ACLC 895 Squires v SA Steel and Sheet Pty Ltd (1987) 45 SASR 142 William Brandt's Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454 Asian Century Holdings Inc v Fleuris Pty Ltd [2000] WASCA 59 Attorney-General (NT) v Maurice (1986) 161 CLR 475 Bahr v Nicolay (No 2) (1988) 164 CLR 604 Bentley v Nelson [1963] WAR 89 Buddies Liquor Pty Ltd v Wah Lai Investments (Australia) Pty Ltd [2001] NSWSC 337 Davies v Nyland (1974) 10 SASR 76 DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473 Goldspar Australia Pty Ltd v KWA Design Group Pty Ltd (1999) 17 ACLC 456 Harrington v Lowe (1996) 136 ALR 42 Jesseron Holdings Pty Ltd v Middle East Trading Consultants Pty Ltd (1994) 13 ACSR 455 John Shearer Ltd v Gehl Co (1995) 134 ALR 1 Macleay Nominees Pty Ltd v Belle Property East Pty Ltd [2001] NSWSC 743 Mibor Investments Pty Ltd v Commonwealth Bank of Australia (1993) 11 ACLC 1062 Munday & Shreeve v Western Australia [1962] WAR 65 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 Peak Hill Manganese Pty Ltd v Hydraplant Equipment Pty Ltd [2003] WASC 120 Quad Consulting Pty Ltd v David R Bleakley & Associates Pty Ltd (1990) 27 FCR 86 Re Horans Steel Pty Ltd v Leac Engineering Pty Ltd (1991) 105 ALR 143 Rush & Tompkins Ltd v Greater London Council [1989] AC 1280 Scanhill Pty Ltd v Century 21 Australasia Pty Ltd (1993) 12 ACSR 341 Solarite Air Conditioning Pty Ltd v York International Australia Pty Ltd [2002] NSWSC 411 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 Verte Pty Ltd v Grisbrook (1997) 15 ACLC 1306 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Westpoint Management Pty Ltd v Goakes [2002] WASCA 317 Z-Tek Computers Pty Ltd v AusLinx International Pty Ltd (1997) 15 ACLC 1233

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : WESTPOINT CORPORATION PTY LTD -v- IMAGE PROGRESS PTY LTD [2005] WASC 239 CORAM : MASTER SANDERSON HEARD : 27 OCTOBER 2005 DELIVERED : 7 NOVEMBER 2005 FILE NO/S : COR 155…

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.

Keep reading for free

Create a free CaseChat account to read Westpoint Corporation Pty Ltd v Image Progress Pty Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2005] WASC 239
Decision Date

CaseChat Overview and Summary

Westpoint Corporation Pty Ltd filed an application to set aside a statutory demand issued by Image Progress Pty Ltd. The demand was for the amount of $30,279.45, alleging that it was owed by Westpoint. The application was heard by Master Sanderson in the Supreme Court of Western Australia. The legal issue centred on whether the statutory demand was validly issued and whether there was a genuine dispute regarding the assignment of the debt from the contractor, Mr Yabsley, to Image Progress Pty Ltd. The court examined whether the assignment complied with the requirements under the Property Law Act 1969 (WA). It found that there was no written notice of the assignment provided to Westpoint and that the invoices issued by Image Progress Pty Ltd did not sufficiently constitute the required notice of assignment. Consequently, the court determined that there was a genuine dispute regarding the validity of the assignment, entitling Westpoint to have the statutory demand set aside. The court ordered that the demand be set aside and agreed to address the issue of costs at a later date.

Orders