Soldatic v Inverness [2008] NSWSC 734

Soldatic v Inverness [2008] NSWSC 734

The asserted genuine dispute was not a plausible contention requiring investigation because MSE could not identify the precise alleged representation, the alleged representation was inconsistent with clause 2 of the Deed of Settlement and with the parties' later September 2007 letter agreement dealing expressly with letters to customers, no complaint was made until after demand for the debt, and no proceedings had been commenced to set aside the agreement. The alleged implied term was inconsistent with the express terms of the Deed of Settlement, was not necessary to give the agreement business efficacy, and was not obvious. MSE also provided no evidence of the amount of any damage to...

Jurisdiction
Australia
Judgment Date
21 July 2008
Procedural Posture
Application Under Sections 459 G and 459 H of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Application Dismissed
Outcome
Proceedings dismissed with costs.
Legal Topics
['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'deed of Settlement' 'misleading or Deceptive Conduct' 'implied Contractual Terms']
['corporations Law' 'contract Law' 'trade Practices'] ['statutory Demand' 'genuine Dispute' 'offsetting Claim' 'deed of Settlement' 'misleading or Deceptive Conduct' 'implied Contractual Terms']

Case Brief

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Procedural Posture

Application Under Sections 459 G and 459 H of the Corporations Act 2001 (cth) to Set Aside a Statutory Demand / Application Dismissed

Legal Issues

  1. 1 ['Whether there was a genuine dispute as to the existence of the debt claimed in the statutory demand under the Deed of Settlement.' 'Whether MSE had an offsetting claim in respect of the statutory demand.' "Whether an alleged representation that Inverness would provide letters of comfort to MSE's customers could support a claim for misleading or deceptive conduct or setting aside the Deed of Settlement." "Whether a term requiring Inverness to provide letters of comfort to MSE's customers should be implied into the Deed of Settlement."]

Ratio Decidendi

The asserted genuine dispute was not a plausible contention requiring investigation because MSE could not identify the precise alleged representation, the alleged representation was inconsistent with clause 2 of the Deed of Settlement and with the parties' later September 2007 letter agreement dealing expressly with letters to customers, no complaint was made until after demand for the debt, and no proceedings had been commenced to set aside the agreement. The alleged implied term was inconsistent with the express terms of the Deed of Settlement, was not necessary to give the agreement business efficacy, and was not obvious. MSE also provided no evidence of the amount of any damage to...

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['The proceedings are dismissed with costs.']