Aviex Pty Limited v Winron Pty Limited [2001] NSWSC 918

There is no genuine dispute as to the existence or amount of the debt; therefore, the originating process should be dismissed and the plaintiff should pay the defendant's costs.

Jurisdiction: Australia
Judgment Date: 17 October 2001
Procedural Posture: Originating Process / Judgment
Outcome: Application dismissed
Legal Topics: ['statutory Demand' 'genuine Dispute' 'setting Aside Statutory Demand']

['corporate Law'] ['statutory Demand' 'genuine Dispute' 'setting Aside Statutory Demand']

Case Brief

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Procedural Posture

Originating Process / Judgment

Legal Issues

1 ['Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates' 'Whether the statutory demand should be set aside']

Ratio Decidendi

There is no genuine dispute as to the existence or amount of the debt; therefore, the originating process should be dismissed and the plaintiff should pay the defendant's costs.

Court Disposition

Application dismissed

Orders

['Order that the originating process be dismissed.' 'Order that the plaintiff pay the costs of the defendant.' 'Note that the defendant by its counsel undertakes to the Court not to commence winding up proceedings against the plaintiff prior to 4pm on 31 October 2001.']