In the matter of AMP Life Limited [2018] NSWSC 855

In the matter of AMP Life Limited [2018] NSWSC 855

The statutory demand was set aside because its description of the debt was confusing and ambiguous and failed to set out any identifiable basis on which a debt could be owed; the debtor was misdescribed, and the demand grossly overstated the amount allegedly due, causing substantial injustice or providing some other reason to set it aside under s 459J(1)(a)-(b) of the Corporations Act. There was also a genuine dispute concerning the existence of the alleged debt.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Application
Outcome
Statutory demand set aside; defendant ordered to pay costs.
Legal Topics
['statutory Demand' 'defects in Statutory Demand' 'corporations Act 2001 (cth) S 459 J' 'address for Service' 'genuine Dispute' 'corporations Act 2001 (cth) S 459 H']
['corporations'] ['statutory Demand' 'defects in Statutory Demand' 'corporations Act 2001 (cth) S 459 J' 'address for Service' 'genuine Dispute' 'corporations Act 2001 (cth) S 459 H']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Application

Legal Issues

  1. 1 ['Whether failure to provide an address for service in New South Wales rendered the statutory demand invalid' "Whether alleged defects in the statutory demand caused substantial injustice or provided 'some other reason' to set it aside under s 459J(1)(a)-(b) of the Corporations Act 2001 (Cth)" 'Whether there was a genuine dispute concerning the existence of the debt under s 459H(1)(a) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

The statutory demand was set aside because its description of the debt was confusing and ambiguous and failed to set out any identifiable basis on which a debt could be owed; the debtor was misdescribed, and the demand grossly overstated the amount allegedly due, causing substantial injustice or providing some other reason to set it aside under s 459J(1)(a)-(b) of the Corporations Act. There was also a genuine dispute concerning the existence of the alleged debt.

Court Disposition

Statutory demand set aside; defendant ordered to pay costs.

Orders

  • ['The statutory demand dated 19 March 2018 and served on the plaintiff by the defendant be set aside.' "The defendant pay the plaintiff's costs of the proceedings."]