Burdon Pty Ltd v Gillford Pty Ltd [1995] FCA 1121

Burdon Pty Ltd v Gillford Pty Ltd [1995] FCA 1121

Although there was a breach by both Gillford and Mr Sandford of clauses 3(a) and (e) of the agreed procedure, the breach had no causative effect on the preparation of the report or the determination of the trading losses. Accordingly, there is not a genuine dispute as to the existence or amount of the debt for the purposes of s 459H(1)(a) of the Corporations Law.

Jurisdiction
Australia
Judgment Date
26 July 1995
Procedural Posture
Application to Set Aside Statutory Demand / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['statutory Demand' 'genuine Dispute' 'breach of Agreed Procedure' 'debt Recovery']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'breach of Agreed Procedure' 'debt Recovery']

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Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates under s 459H(1)(a) of the Corporations Law' 'Whether a breach of the agreed procedure relating to calculation of trading losses is material and gives rise to a genuine dispute']

Ratio Decidendi

Although there was a breach by both Gillford and Mr Sandford of clauses 3(a) and (e) of the agreed procedure, the breach had no causative effect on the preparation of the report or the determination of the trading losses. Accordingly, there is not a genuine dispute as to the existence or amount of the debt for the purposes of s 459H(1)(a) of the Corporations Law.

Court Disposition

Application dismissed

Orders

  • ['Application to set aside statutory demand dismissed']