Ragi v Kiwi [2005] NSWSC 798

Ragi v Kiwi [2005] NSWSC 798

The alleged breaches of ss 28 and 29 of the Retail Leases Act 1994 would at most found a damages claim for breach of lease, not a debt capable of supporting a statutory demand, and the dispute about whether s 22 rendered the outgoing payments recoverable was a genuine dispute. The statutory demand was therefore set aside.

Jurisdiction
Australia
Judgment Date
04 August 2005
Procedural Posture
Application Under S 459 G of the Corporations Act to Set Aside a Statutory Demand / Judgment on Originating Process
Outcome
Demand set aside.
Legal Topics
['statutory Demand' 'genuine Dispute' 'recovery of Outgoings Under Retail Shop Lease' 'breach of Lease' 'debt Payable Under S 459 E']
['corporations Law' 'retail Leases' 'contract Law'] ['statutory Demand' 'genuine Dispute' 'recovery of Outgoings Under Retail Shop Lease' 'breach of Lease' 'debt Payable Under S 459 E']

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Procedural Posture

Application Under S 459 G of the Corporations Act to Set Aside a Statutory Demand / Judgment on Originating Process

Legal Issues

  1. 1 ['Whether the claim in the statutory demand was in respect of a debt that was due and payable within s 459E of the Corporations Act.' 'Whether there was a genuine dispute as to whether any amount was due.' 'Whether alleged contraventions of the Retail Leases Act 1994 in relation to outgoings created a debt recoverable by statutory demand or only a claim for damages.']

Ratio Decidendi

The alleged breaches of ss 28 and 29 of the Retail Leases Act 1994 would at most found a damages claim for breach of lease, not a debt capable of supporting a statutory demand, and the dispute about whether s 22 rendered the outgoing payments recoverable was a genuine dispute. The statutory demand was therefore set aside.

Court Disposition

Demand set aside.

Orders

  • ['Orders 1 and 2 in the originating process.']