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In the matter of J Build Developments P/L (ACN 142 153 544); J Build Developments P/L (ACN 142 153 544) v Airconditioning and Electrical Services (Aust) P/L (ACN 132 544 793) [2022] VSC 434

CORPORATIONS
Supreme Court of Victoria
Division: 
Commercial Court
Judge(s): 
Hetyey AsJ
Parties: 

In the matter of J Build Developments P/L (ACN 142 153 544); J Build Developments P/L (ACN 142 153 544) v Airconditioning and Electrical Services (Aust) P/L (ACN 132 544 793)

Judgment Date: 
4 August 2022
Catchwords: 

CORPORATIONS - Corporations Act 2001 (Cth) - Part 5.4 - Insolvency - Statutory demand - s 459G - Application to set aside statutory demand - s 459H - Building and Construction Industry Security of Payment Act 2002 (Vic) - Whether genuine dispute under s 459H(1)(a) that the defendant's invoice is a 'payment claim' for purpose of s 14 of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Whether invoice served out of time and/or includes an 'excluded amount' - Whether plaintiff precluded from raising other genuine dispute grounds - Whether offsetting claim - s 459J(1)(b) - Where offsetting claim not raised in s 459G affidavit - Whether demand and supporting affidavit ambiguous in referring to debt - Whether failure to verify debt because affidavit refers to monies owing under invoice as opposed to contractual basis of debt - Whether some other reason to set aside statutory demand.

Citation: