Firezone Protection Services Pty Ltd v D H Gibson Pty Ltd [1995] FCA 1190

Firezone Protection Services Pty Ltd v D H Gibson Pty Ltd [1995] FCA 1190

There is a genuine dispute between the parties as to the existence or amount of the debt, and the applicant has an offsetting claim. The statutory demand must be set aside.

Source-derived case information.

Parties
Applicant: Firezone Protection Services Pty Limited; Respondent: D.H. Gibson Pty Limited
Jurisdiction
Australia
Judgment Date
14 July 1995
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
statutory demand set aside; costs to applicant
Legal Topics
Statutory Demand, Genuine Dispute, Offsetting Claim
Corporations Law Statutory Demand Genuine Dispute Offsetting Claim

Source-derived case record

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Parties

Firezone Protection Services Pty Limited

Applicant

D.H. Gibson Pty Limited

Respondent

Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates
  2. 2 Whether the applicant has an offsetting claim under s. 459H(2) of the Corporations Law

Ratio Decidendi

There is a genuine dispute between the parties as to the existence or amount of the debt, and the applicant has an offsetting claim. The statutory demand must be set aside.

Court Disposition

statutory demand set aside; costs to applicant

Orders

  • Statutory demand dated 13 January 1995 set aside.
  • Respondent pay the applicant's costs of the application, including reserved costs if any.