The developer of a proposed luxury country club in Bindoon has successfully had a statutory demand for payment in the order of $1.3 million set aside in Western Australia’s Supreme Court.
Justice Fiona Seabrook handed down her decision on Thursday afternoon regarding a dispute between Osborne Park-based contractor Menzies Civil Australia and Tuart Hill registered CM Luxury.
In her written judgement Justice Seabrook ordered that a statutory demand issued by Menzies to CM Luxury in December 2022 be set aside in all the circumstances.
Singapore resident Hartono Halim is a director of Ascapia Capital and manages CM Luxury, which is developing the proposed $100 million Club Moolia in Bindoon.
Mr Halim said Menzies Civil Australia had been engaged for work at the Mooliabeenee Road site, according to the judgement.
In December 2022, Menzies Civil Australia issued a statutory demand for payment of $1.3 million for works claimed to have been completed.
Justice Seabrook noted in her decision that there had been a ‘clear issue’ between the parties as to whether a contract existed at all.
During submissions, Menzies accepted that there was not a signed contract but contested the debt had arisen from an implied or inferred contract, the judgement read.
It was also established during submissions that the demand amount should be reduced to $825,624.
Justice Seabrook said she did not consider the fact that there had been past payments by CM Luxury as sufficient to infer that an established course of conduct had been agreed between the parties.
Among other reasons, Justice Seabrook also noted in her judgement that the ‘inaccurate and misleading’ nature of the debt constituted a reason per the Corporations Act to set aside the statutory demand.
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