All Type Developments Pty Ltd v Hickey [2009] QSC 224

Corporating – Winding Up – Winding up in insolvency – Statutory Demand – Application to set aside demand – genuine dispute as to indebtedness – Offsetting and other like claims – Generally – where the applicant entered into a building contract with the respondent builder – where the respondent served a payment claim on the applicant and subsequently obtained an adjudication decision for payment of the claim – where the adjudication decision amount was registered as a judgment debt and partially satisfied – where the respondent served a creditor’s statutory demand on the applicant for the unsatisfied judgment debt amount – where the applicant applies to set aside the statutory demand on the basis that it has an offsetting claim – whether the statutory demand should be set aside pursuant to s 459H of the Corporations Act 2001 (Cth)

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