Anvic v Constable [2002] NSWSC 424

Anvic v Constable [2002] NSWSC 424

An order of the Fair Trading Tribunal for payment of money does not amount to a judgment debt, nor is it a presently enforceable debt, unless a certificate under s.47 of the 1998 Act (or s.51 of the 2001 Act) is filed in an appropriate court. As this step was not taken, there was a genuine dispute as to the existence of the debt and the statutory demand must be set aside under s.459H(3) of the Corporations Act 2001.

Parties
Plaintiff: Anvic Holdings Pty Ltd; Defendant: Robert Julian Constable
Jurisdiction
Australia
Judgment Date
20 May 2002
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Application Under S.459 G of the Corporations Act 2001
Outcome
Statutory demand set aside.
Legal Topics
Winding Up, Statutory Demand, Tribunal Order as Debt, Judgment Debt, Genuine Dispute
Corporations Commercial Law Winding Up Statutory Demand Tribunal Order as Debt Judgment Debt Genuine Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anvic Holdings Pty Ltd

Plaintiff

Robert Julian Constable

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Application Under S.459 G of the Corporations Act 2001

Legal Issues

  1. 1 Whether an order of the Fair Trading Tribunal for payment of money gives rise to a 'debt' or 'judgment debt' for the purposes of a statutory demand under the Corporations Act 2001
  2. 2 Whether there is a genuine dispute about the existence or amount of the debt

Ratio Decidendi

An order of the Fair Trading Tribunal for payment of money does not amount to a judgment debt, nor is it a presently enforceable debt, unless a certificate under s.47 of the 1998 Act (or s.51 of the 2001 Act) is filed in an appropriate court. As this step was not taken, there was a genuine dispute as to the existence of the debt and the statutory demand must be set aside under s.459H(3) of the Corporations Act 2001.

Court Disposition

Statutory demand set aside.

Orders

  • Statutory demand is set aside.
  • Defendant to pay the plaintiff's costs.