Finlay v Taylor Finlay v Taylor [2010] NSWSC 193

Finlay v Taylor Finlay v Taylor [2010] NSWSC 193

The statutory demands were set aside as the affidavits in support failed to state the source of the deponent’s knowledge and showed the deponent had no direct knowledge of the debt, thereby not satisfying the requirements under the Corporations Act and associated rules (s 459J(1)(b)).

Jurisdiction
Australia
Judgment Date
17 March 2010
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Statutory demands set aside; costs orders made in favour of plaintiff; exhibits to be returned.
Legal Topics
['statutory Demands' 'affidavit Requirements' 'assignment of Debt' 'setting Aside Demand Under S 459 G and 459 J(1)(b)']
['corporations Law' 'equity'] ['statutory Demands' 'affidavit Requirements' 'assignment of Debt' 'setting Aside Demand Under S 459 G and 459 J(1)(b)']

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether the statutory demand should be set aside due to deficiencies in the affidavit under s 459J(1)(b) of the Corporations Act 2001' "Whether the affidavit failed to state the source of the deponent's knowledge as required by the Corporations Act rules and Form 7" 'Whether an assignee of a debt can adequately verify and support a statutory demand']

Ratio Decidendi

The statutory demands were set aside as the affidavits in support failed to state the source of the deponent’s knowledge and showed the deponent had no direct knowledge of the debt, thereby not satisfying the requirements under the Corporations Act and associated rules (s 459J(1)(b)).

Court Disposition

Statutory demands set aside; costs orders made in favour of plaintiff; exhibits to be returned.

Orders

  • ['Statutory demand dated 24 August 2009 set aside (file 290479/09).' 'Defendant to pay plaintiff’s costs (file 290479/09).' 'Statutory demand dated 21 September 2009 set aside (file 290874/09).' 'Defendant to pay plaintiff’s costs (file 290874/09).' 'Order that exhibits be returned.']