Bulevi Pty Ltd -v- Alanbert Pty Ltd Davhand Pty Ltd -v- Alanbert Pty Ltd [2012] NSWSC 537

There exists a genuine dispute as to the existence of a binding agreement compromising the judgment debt and whether the claim is statute barred; thus, the statutory demands must be set aside.

Parties: Plaintiff: Bulevi Pty Ltd; Plaintiff: Davhand Pty Ltd; Defendant: Alanbert Pty Ltd
Jurisdiction: Australia
Judgment Date: 30 March 2012
Procedural Posture: Application to Set Aside Statutory Demand / Final Determination
Outcome: Statutory demands set aside; costs awarded to plaintiffs
Legal Topics: Statutory Demand, Compromise of Judgment Debt, Genuine Dispute, Failure of Consideration, Statute Barred Debt

Corporations Law Equity Statutory Demand Compromise of Judgment Debt Genuine Dispute Failure of Consideration Statute Barred Debt

Case Brief

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Parties

Bulevi Pty Ltd

Plaintiff

Davhand Pty Ltd

Plaintiff

Alanbert Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Determination

Legal Issues

1 Whether there is a genuine dispute as to the existence of a binding agreement compromising the judgment debt
2 Whether the defendant's claim is statute barred
3 Whether the statutory demand should be set aside

Ratio Decidendi

There exists a genuine dispute as to the existence of a binding agreement compromising the judgment debt and whether the claim is statute barred; thus, the statutory demands must be set aside.

Court Disposition

Statutory demands set aside; costs awarded to plaintiffs

Orders

The Statutory Demand from the plaintiff to Bulevi Pty Ltd ACN 003 116 658 dated 28 September 2011 be set aside.
The Statutory Demand dated 28 September 2011 to Davhand Pty Ltd 003 574 865 be set aside.