In the matter of Antaeus Group Pty Ltd ACN 146 865 018 [2016] NSWSC 1606

In the matter of Antaeus Group Pty Ltd ACN 146 865 018 [2016] NSWSC 1606

The plaintiff's application to set aside the statutory demand was duly made within the statutory period, and there is a genuine dispute as to the existence of the debt; the statutory demand must therefore be set aside.

Parties
Plaintiff: Antaeus Group Pty Ltd; Defendant: Jian Guo Yuan
Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Originating Process Under Corporations Act 2001 S 459 G to Set Aside a Statutory Demand / Hearing of Application to Set Aside Statutory Demand; Orders Made
Outcome
Statutory demand set aside; costs awarded to plaintiff
Legal Topics
Statutory Demands, Setting Aside Statutory Demands, Service of Documents, Genuine Dispute as to Debt
Corporations Civil Procedure Statutory Demands Setting Aside Statutory Demands Service of Documents Genuine Dispute as to Debt

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Parties

Antaeus Group Pty Ltd

Plaintiff

Jian Guo Yuan

Defendant

Procedural Posture

Originating Process Under Corporations Act 2001 S 459 G to Set Aside a Statutory Demand / Hearing of Application to Set Aside Statutory Demand; Orders Made

Legal Issues

  1. 1 Whether the s 459G application was duly made within the 21-day period
  2. 2 Whether there is a genuine dispute as to the existence of the debt

Ratio Decidendi

The plaintiff's application to set aside the statutory demand was duly made within the statutory period, and there is a genuine dispute as to the existence of the debt; the statutory demand must therefore be set aside.

Court Disposition

Statutory demand set aside; costs awarded to plaintiff

Orders

  • Creditor's statutory demand dated 2 May 2016 set aside
  • Defendant to pay plaintiff's costs fixed in the sum of $33,000