Drum Cafe Australia Pty Ltd v Lieberman [2010] NSWSC 642

Drum Cafe Australia Pty Ltd v Lieberman [2010] NSWSC 642

There is on the evidence a genuine dispute as to the existence of the royalty agreement and of the indebtedness claimed; therefore, the statutory demand must be set aside.

Parties
Plaintiff: Drum Cafe Australia Pty Limited; Defendant: Warren Lieberman
Jurisdiction
Australia
Judgment Date
15 June 2010
Procedural Posture
Corporations Statutory Demand / Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside; costs orders made.
Legal Topics
Winding Up, Statutory Demand, Genuine Dispute, Prompt Hearing of Applications
Corporations Law Winding Up Statutory Demand Genuine Dispute Prompt Hearing of Applications

Case Brief

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Parties

Drum Cafe Australia Pty Limited

Plaintiff

Warren Lieberman

Defendant

Procedural Posture

Corporations Statutory Demand / Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether there is a genuine dispute as to the existence of the debt forming the basis of the statutory demand
  2. 2 Whether an oral royalty agreement existed between the parties
  3. 3 Procedural requirements for s 459G applications

Ratio Decidendi

There is on the evidence a genuine dispute as to the existence of the royalty agreement and of the indebtedness claimed; therefore, the statutory demand must be set aside.

Court Disposition

Statutory demand set aside; costs orders made.

Orders

  • The statutory demand dated 20 August 2008 served on the plaintiff is set aside.
  • No order as to costs for appearances before the Registrar from 21 January 2009 to 22 February 2010.