In the matter of Garawin Pty Ltd [2020] NSWSC 983

In the matter of Garawin Pty Ltd [2020] NSWSC 983

A genuine dispute exists as to the nature and parties to the $20,000 transaction forming the basis of the statutory demand; the authorities require the demand to be set aside where cogent evidence of such a dispute exists, regardless of which party may have the stronger merits.

Parties
Plaintiff: Garawin Pty Ltd; Defendant: Joseph Sleiman
Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Corporations Application to Set Aside a Creditor's Statutory Demand / Final Determination – Ex Tempore Judgment
Outcome
Statutory demand set aside. Defendant to pay Plaintiff's costs.
Legal Topics
Statutory Demand, Genuine Dispute, Debt Recovery
Corporations Law Equity Statutory Demand Genuine Dispute Debt Recovery

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 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Garawin Pty Ltd

Plaintiff

Joseph Sleiman

Defendant

Procedural Posture

Corporations Application to Set Aside a Creditor's Statutory Demand / Final Determination – Ex Tempore 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 $20,000 transaction between Joseph Sleiman and Garawin Pty Ltd constitutes a loan, retention, or other arrangement
  3. 3 Whether the correct parties are identified with respect to the disputed transaction

Ratio Decidendi

A genuine dispute exists as to the nature and parties to the $20,000 transaction forming the basis of the statutory demand; the authorities require the demand to be set aside where cogent evidence of such a dispute exists, regardless of which party may have the stronger merits.

Court Disposition

Statutory demand set aside. Defendant to pay Plaintiff's costs.

Orders

  • The statutory demand dated 18 December 2019 served by Mr Sleiman on Garawin Pty Ltd be set aside.
  • Mr Sleiman pay Garawin's costs of the application, as agreed or assessed.