Event and Time
Event Description
On 10 July 2023, Sterling & Freeman Advisory Pty Ltd filed an application under s 459G of the Corporations Act 2001 (Cth) to set aside or vary a statutory demand served by Callisi Pty Ltd, which claimed that Sterling owed $830,375.00 following a judgment in favor of Callisi.
Application and Claims
- Plaintiff: Sterling & Freeman Advisory Pty Ltd
- Defendant: Callisi Pty Ltd
- Claims:
- Sterling alleges it has a genuine offsetting claim due to untaxed costs orders from a previous court judgment. - Sterling’s principal argument under s 459J(1)(b) is that a pending appeal against the original judgment and various circumstances justify setting aside the demand.
Judicial Decisions
- Sterling’s application was processed and supported by several affidavits, with Callisi providing responsive evidence through its solicitor’s affidavit.
- The court considered the complexity of the issues surrounding prior proceedings and the merits of both parties' arguments.
Dispute Points and Legal Basis
Dispute Points
- Sterling's Position:
- Claims a genuine offsetting claim due to two costs orders which total about $47,000. - Asserts that an appeal against the original judgment has good prospects of success, which, combined with other factors, justifies setting aside the statutory demand.
- Callisi's Position:
- Argues against Sterling's offsetting claim, asserting that the judgment remains enforceable even if an appeal is pending. - Seeks enforcement of the judgment debt constituting substantial amounts due to its costs incurred during the proceedings.
- Evidence: