Reed Construction (Q) Pty Ltd v Dellsun Pty Ltd [2009] QSC 263

Corporations Law – Statutory Demand – Setting Aside – Where respondent entered contract with applicant for construction work – Where dispute over amount to be paid for work – Where respondent served applicant with various versions of a claim for payment, each for different amount – Where applicant asserted an offsetting claim for rectification of faulty workmanship by respondent – Where respondent served payment claim under BCIPA – Where applicant responded with payment schedule – Where dispute referred to adjudicator under BCIPA – Where decision issued in favour of respondent – Where respondent issued statutory demand for adjudication amount - Where inconsistencies among statements of the respondent – Where applicant seeks set aside of statutory demand – Whether there is a genuine dispute concerning the alleged debt – Whether there is a valid offsetting claim – Whether the adjudicator’s decision gives rise to res judicata or issue estoppel concerning the existence and amount of debt – Effect of s100 BCIPA – Discussion of principles.

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