Australian Information Technology Pty Ltd v Prior Art Pty Ltd [1995] FCA 193
AIT established a genuine dispute as to whether the 26 October 1994 resolution capitalised Prior Art's unitholder loan account and thereby extinguished any liability for the amount claimed in the statutory demand. That genuine dispute was sufficient to set aside the statutory demand.
- Jurisdiction
- Australia
- Judgment Date
- 31 March 1995
- Procedural Posture
- Application to Set Aside Statutory Demand / Reasons for Judgment
- Outcome
- Application granted; statutory demand set aside.
- Legal Topics
- ['statutory Demand' 'genuine Dispute as to Existence of Debt' 'unit Trust Distributions' 'capitalisation of Unitholder Loan Account']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application to Set Aside Statutory Demand / Reasons for Judgment
Legal Issues
- 1 ['Whether there was a genuine dispute between AIT and Prior Art about the existence of the debt to which the statutory demand related.' 'Whether the claimed sum of $25,950 was due and payable by AIT to Prior Art.' "Whether a 26 October 1994 resolution capitalised the balance of Prior Art's unitholder loan account and extinguished any liability to Prior Art."]
Ratio Decidendi
AIT established a genuine dispute as to whether the 26 October 1994 resolution capitalised Prior Art's unitholder loan account and thereby extinguished any liability for the amount claimed in the statutory demand. That genuine dispute was sufficient to set aside the statutory demand.
Court Disposition
Application granted; statutory demand set aside.
Orders
- ['The statutory demand be set aside.']
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