Birallee Centre Pty Ltd v Gateway Directions Pty Ltd [1996] FCA 1095

Birallee Centre Pty Ltd v Gateway Directions Pty Ltd [1996] FCA 1095

The applicant failed to establish a genuine dispute as to the debt claimed under the July 1993 agreement ($50,200), as documentary evidence supported the respondent's version of contractual liability. However, as to the $3,000 claimed under an asserted variation in October 1994, the evidentiary basis was less clear and a genuine dispute was found. The statutory demand was therefore varied to the substantiated amount of $50,200 and declared effective from the original date of service.

Jurisdiction
Australia
Judgment Date
13 December 1996
Procedural Posture
Application to Set Aside Statutory Demand Under Corporations Law / Review of Registrar's Decision After Initial Dismissal at First Instance
Outcome
Statutory demand varied; demand declared effective as varied; Registrar's decision otherwise confirmed.
Legal Topics
['winding Up Statutory Demand' 'genuine Dispute as to Existence of Debt']
['corporations Law'] ['winding Up Statutory Demand' 'genuine Dispute as to Existence of Debt']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand Under Corporations Law / Review of Registrar's Decision After Initial Dismissal at First Instance

Legal Issues

  1. 1 ['Whether there is a genuine dispute between the applicant and respondent about the existence or amount of the debt to which the statutory demand relates']

Ratio Decidendi

The applicant failed to establish a genuine dispute as to the debt claimed under the July 1993 agreement ($50,200), as documentary evidence supported the respondent's version of contractual liability. However, as to the $3,000 claimed under an asserted variation in October 1994, the evidentiary basis was less clear and a genuine dispute was found. The statutory demand was therefore varied to the substantiated amount of $50,200 and declared effective from the original date of service.

Court Disposition

Statutory demand varied; demand declared effective as varied; Registrar's decision otherwise confirmed.

Orders

  • ['The statutory demand is varied by reducing the amount from $53,200 to $50,200.' 'The demand, as so varied, is declared to have had effect as from when the demand was served on the applicant.' 'Subject to paragraphs 1 and 2, the decision of the Registrar is confirmed.']