Demir Pty Ltd v Graf Plumbing Pty Ltd [2004] NSWSC 553

CORPORATIONS - winding up - statutory demand - application to set aside or vary on basis of offsetting claim - statutory demand based on judgment debt arising from determination under Building and Construction Industry (Security of Payment) Act 1999 - whether possible to have an offsetting claim against such a judgment debt - whether offsetting claim established on the facts - STATUTES - ACTS OF PARLIAMENT - operation and effect of statutes - Building and Construction Industry (Security of Payment) Act 1999 - whether judgment debt arising from adjudication under that Act can be subject of an "offsetting claim" for purposes of section 459H(5) Corporations Act 2001 (Cth) - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - adjudication under Building and Construction Industry (Security of Payment) Act 1999 becomes subject of judgment debt - whether able to be the subject of an "offsetting claim" under section 459H(5) Corporations Act 2001 (Cth)

ACTS CITED: Building and Construction Industry (Security of Payment) Act 1999 - Corporations Act 2001 (Cth) - Trade Practices Act 1974 (Cth)

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