First Sydney Properties Pty Limited v Double Bay Project Pty Limited, Consolidated Credit Network (NSW) Pty Limited v Double Bay Project Pty Limited, CCN Properties (Sydney) Pty Limited v Double Bay Project Pty Limited, CCN Real Estate (Sydney) Pty Limited v Double Bay Project Pty Limited [2004] NSWSC 1137

First Sydney Properties Pty Limited v Double Bay Project Pty Limited, Consolidated Credit Network (NSW) Pty Limited v Double Bay Project Pty Limited, CCN Properties (Sydney) Pty Limited v Double Bay Project Pty Limited, CCN Real Estate (Sydney) Pty Limited v Double Bay Project Pty Limited [2004] NSWSC 1137

The statutory demand was set aside because the accompanying affidavit was not made by a person with the necessary authority, nor was it in accordance with Form 7 as required. Additionally, the statutory demand was not properly signed on behalf of the creditor. These failures constitute 'some other reason' under Corporations Act s 459J(1)(b) to set aside the demand. There was also a genuine dispute as to the existence and timing of the debt.

Jurisdiction
Australia
Judgment Date
26 November 2004
Procedural Posture
Originating Process to Set Aside Statutory Demand / Judgment
Outcome
Statutory demands set aside; Defendant to pay Plaintiffs' costs.
Legal Topics
['statutory Demand' 'affidavit Requirements' 'genuine Dispute' 'authority to Sign Statutory Demand']
['corporations' 'equity'] ['statutory Demand' 'affidavit Requirements' 'genuine Dispute' 'authority to Sign Statutory Demand']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Originating Process to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether the statutory demand complied with Corporations Act 2001 requirements' 'Whether the affidavit accompanying the demand complied with Supreme Court (Corporations) Rules 1999' 'Whether there is a genuine dispute as to the existence or amount of the debt' 'Whether demand was signed by or on behalf of the creditor' 'Whether misdescription of debt constitutes substantial injustice']

Ratio Decidendi

The statutory demand was set aside because the accompanying affidavit was not made by a person with the necessary authority, nor was it in accordance with Form 7 as required. Additionally, the statutory demand was not properly signed on behalf of the creditor. These failures constitute 'some other reason' under Corporations Act s 459J(1)(b) to set aside the demand. There was also a genuine dispute as to the existence and timing of the debt.

Court Disposition

Statutory demands set aside; Defendant to pay Plaintiffs' costs.

Orders

  • ['Order as sought in prayer 1 in the Originating Process.' 'Defendant to pay costs of Plaintiff.' 'The exhibits may be returned.']