In the matter of Creata (Aust) Pty Ltd [2017] NSWSC 1055

In the matter of Creata (Aust) Pty Ltd [2017] NSWSC 1055

Paragraph 20 of Mr Henderson's affidavit is admitted as it is relevant to establishing whether there is a genuine dispute regarding the debt claimed in the statutory demand, and is admissible for a non-hearsay purpose, i.e., to prove the existence of the conversation and assertion, regardless of the truth of its content.

Parties
Plaintiff: Creata (Aust) Pty Ltd; Defendant: Gary Adrian Faull
Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Application to Set Aside Creditor's Statutory Demand / Interlocutory Ruling on Evidence Admissibility
Outcome
Objection to paragraph 20 of Mr Henderson's affidavit dismissed; evidence admitted.
Legal Topics
Statutory Demand, Hearsay, Genuine Dispute, Admissibility of Evidence
Corporations Law Evidence Law Statutory Demand Hearsay Genuine Dispute Admissibility of Evidence

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Parties

Creata (Aust) Pty Ltd

Plaintiff

Gary Adrian Faull

Defendant

Procedural Posture

Application to Set Aside Creditor's Statutory Demand / Interlocutory Ruling on Evidence Admissibility

Legal Issues

  1. 1 Whether paragraph 20 of Mr Henderson's affidavit is admissible in support of application to set aside statutory demand
  2. 2 Whether the application is interlocutory or final for evidence admissibility purposes
  3. 3 Whether hearsay evidence is admissible under an exception for non-hearsay purpose

Ratio Decidendi

Paragraph 20 of Mr Henderson's affidavit is admitted as it is relevant to establishing whether there is a genuine dispute regarding the debt claimed in the statutory demand, and is admissible for a non-hearsay purpose, i.e., to prove the existence of the conversation and assertion, regardless of the truth of its content.

Court Disposition

Objection to paragraph 20 of Mr Henderson's affidavit dismissed; evidence admitted.

Orders

  • Paragraph 20 of the affidavit of Mr Henderson dated 17 February 2017 is admitted.