Dubur Nominees Pty Ltd v Sperl, Erwin (t/as E Sperl & Co) [1998] FCA 490

Dubur Nominees Pty Ltd v Sperl, Erwin (t/as E Sperl & Co) [1998] FCA 490

There was no genuine dispute as to $11,700 of the claimed debt, only as to the additional $3,200. The statutory demand should be varied to $11,700 and otherwise not set aside.

Parties
Applicant: Dubur Nominees Pty Ltd; Respondent: Erwin Sperl (T/as E Sperl & Co)
Jurisdiction
Australia
Judgment Date
08 May 1998
Procedural Posture
Corporations Statutory Demand Review / Review of Registrar's Decision
Outcome
Statutory demand varied and otherwise application dismissed; applicant to pay respondent's taxed costs.
Legal Topics
Statutory Demand, Genuine Dispute, Debt Recovery
Corporations Law Statutory Demand Genuine Dispute Debt Recovery

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Parties

Dubur Nominees Pty Ltd

Applicant

Erwin Sperl (T/as E Sperl & Co)

Respondent

Procedural Posture

Corporations Statutory Demand Review / Review of Registrar's Decision

Legal Issues

  1. 1 Whether there is a genuine dispute about the existence or amount of debt under s 459H(1)(a) of the Corporations Law
  2. 2 Whether statutory demand should be set aside or varied

Ratio Decidendi

There was no genuine dispute as to $11,700 of the claimed debt, only as to the additional $3,200. The statutory demand should be varied to $11,700 and otherwise not set aside.

Court Disposition

Statutory demand varied and otherwise application dismissed; applicant to pay respondent's taxed costs.

Orders

  • Pursuant to s 459H(4) of the Corporations Law, the statutory demand dated 17 October 1997 served on the applicant be varied from $14,900 to $11,700 and have effect as varied from the date served.
  • Application to set aside the demand otherwise dismissed.