EOC Group Pty Limited v Harry the Hirer Pty Ltd [2007] NSWSC 1358

EOC Group Pty Limited v Harry the Hirer Pty Ltd [2007] NSWSC 1358

The plaintiff established a genuine dispute as to any obligation to pay the debt under the statutory demand, as neither the Business Sale Agreement nor the cited email demonstrated a novation to the plaintiff of the liabilities of Events or Media to the defendant.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Corporations Statutory Demand / Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'novation']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'novation']

Case Brief

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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 subject of the statutory demand' 'Whether the debt was novated and became the obligation of the plaintiff']

Ratio Decidendi

The plaintiff established a genuine dispute as to any obligation to pay the debt under the statutory demand, as neither the Business Sale Agreement nor the cited email demonstrated a novation to the plaintiff of the liabilities of Events or Media to the defendant.

Court Disposition

Statutory demand set aside

Orders

  • ['The statutory demand be set aside.' "Defendant to pay plaintiff's costs of the proceedings."]