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ARTICLE · 10 FEBRUARY 2018

Upset by the offset - and other statutory demand traps

Corrs Chambers Westgarth
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Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.

AustraliaLitigation, Mediation & Arbitration
Jade Rowarth
Jade Rowarth
Jason Salman
Jason Salman
Kirsty Sutherland
Kirsty Sutherland
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This week's TGIF considers the decision of In the matter of Trico Constructions Pty Limited [2017] NSWSC 1831 and the broader question of when creditors should – and should not – issue statutory demands.

BACKGROUND

Trico Constructions (Company) subcontracted Autolift Garage Doors (Creditor) to install two garage doors at a residential property. The Creditor did not complete the work by the date specified, but issued a tax invoice in the belief that the delay was accepted (and at least partly caused) by the Company.

After the Company failed to pay, the Creditor issued a statutory demand (Demand) under the Corporations Act 2001 (Cth) (Corporations Act). The Company then applied for an order setting aside the Demand.

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