Balmain Leagues Club Ltd v Alex Lankry [2009] NSWSC 1218

Balmain Leagues Club Ltd v Alex Lankry [2009] NSWSC 1218

The Court was satisfied of service within the required timeframe, a genuine dispute existed as to the alleged debt, and defects in the statutory demand would cause substantial injustice unless set aside; therefore, the statutory demand was set aside and indemnity costs awarded.

Source-derived case information.

Parties
Plaintiff: Balmain Leagues Club Ltd; Defendant: Alex Lankry
Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Application to Set Aside Statutory Demand / Ex Tempore Judgment
Outcome
Statutory demand set aside; costs on indemnity basis to plaintiff.
Legal Topics
Winding Up, Statutory Demand, Setting Aside Statutory Demand, Service of Process, Genuine Dispute, Defects in Demand
Corporations Winding Up Statutory Demand Setting Aside Statutory Demand Service of Process Genuine Dispute Defects in Demand

Source-derived case record

Summary, issues, holding and outcome

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Parties

Balmain Leagues Club Ltd

Plaintiff

Alex Lankry

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Ex Tempore Judgment

Legal Issues

  1. 1 Whether there was valid service of the originating process under s 459G of the Corporations Act 2001 and UCPR r 10.14
  2. 2 Whether there is a genuine dispute about the existence of the debt under the statutory demand
  3. 3 Whether defects in the statutory demand would cause substantial injustice unless the demand is set aside

Ratio Decidendi

The Court was satisfied of service within the required timeframe, a genuine dispute existed as to the alleged debt, and defects in the statutory demand would cause substantial injustice unless set aside; therefore, the statutory demand was set aside and indemnity costs awarded.

Court Disposition

Statutory demand set aside; costs on indemnity basis to plaintiff.

Orders

  • The statutory demand dated 11 August 2009 be set aside.
  • Defendant to pay the plaintiff's costs on the indemnity basis.