A PAK Plastics Pty Ltd v Merhone Pty Ltd [1996] NSWCA 2

A PAK Plastics Pty Ltd v Merhone Pty Ltd [1996] NSWCA 2

There was ample evidence of a genuine dispute regarding the existence or amount of the debt claimed in the statutory demand, such that the demand was rightly set aside. The trial judge's order for costs was appropriate in light of the circumstances.

Parties
Appellant: A PAK Plastics Pty Ltd; Respondent: Merhone Pty Ltd
Jurisdiction
Australia
Judgment Date
17 September 1996
Procedural Posture
Appeal / Court of Appeal Decision on Statutory Demand Set Aside Order
Outcome
Appeal dismissed with costs
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Genuine Dispute About Debt
Corporations Law Statutory Demand Setting Aside Statutory Demand Genuine Dispute About Debt

Case Brief

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Parties

A PAK Plastics Pty Ltd

Appellant

Merhone Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision on Statutory Demand Set Aside Order

Legal Issues

  1. 1 Whether there was a genuine dispute about the existence or amount of the debt claimed in the statutory demand under s 459H of the Corporations Law
  2. 2 Whether the order for costs made by the trial judge was appropriate

Ratio Decidendi

There was ample evidence of a genuine dispute regarding the existence or amount of the debt claimed in the statutory demand, such that the demand was rightly set aside. The trial judge's order for costs was appropriate in light of the circumstances.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs