JSBG Developments Pty v Kozlowski

[2010] NSWSC 97

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › STATUTORY DEMAND
3. › Application to set aside a Statutory Demand
4. › whether Demand can be set aside for “substantial injustice” or “some other reason”
5. › whether defects including omission of required warning produced injustice or “some other reason” to set aside Demand
6. › whether defects amounted to “mere defect” for s 459J(2).
1. Costs
2. › INDEMNITY BASIS
3. › Whether Plaintiff should bear costs of the proceedings on the indemnity basis where application had no prospects of success.