Fina v Hills [2003] NSWSC 961

Fina v Hills [2003] NSWSC 961

The statutory demand was set aside because the affidavit evidence disclosed genuine disputes as to both the identity of the contracting party and the whole of the amount claimed, and those disputes required investigation rather than resolution on the statutory demand application.

Jurisdiction
Australia
Judgment Date
24 October 2003
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Application
Outcome
Statutory demand set aside; indemnity costs refused.
Legal Topics
['statutory Demand' 'genuine Dispute' 'identity of Contracting Party' 'amount of Debt' 'costs']
['corporation Law'] ['statutory Demand' 'genuine Dispute' 'identity of Contracting Party' 'amount of Debt' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Application

Legal Issues

  1. 1 ['Whether there was a genuine dispute as to whether the plaintiff or J D Holdings Pty Limited was the contracting party.' 'Whether there was a genuine dispute as to the amount claimed in the statutory demand.' 'Whether indemnity costs should be ordered.']

Ratio Decidendi

The statutory demand was set aside because the affidavit evidence disclosed genuine disputes as to both the identity of the contracting party and the whole of the amount claimed, and those disputes required investigation rather than resolution on the statutory demand application.

Court Disposition

Statutory demand set aside; indemnity costs refused.

Orders

  • ['Order 2 in the application is made.' 'Costs should be on a party and party basis.' 'Exhibits can be returned.']