Godfrey Hirst Australia Pty Ltd v Floyd Industries Pty Ltd [1995] FCA 524

Godfrey Hirst Australia Pty Ltd v Floyd Industries Pty Ltd [1995] FCA 524

There is a genuine dispute as to the amount of the debt claimed in the statutory demand, and the Court is unable to determine with sufficient certainty any admitted part of the debt not in dispute; therefore, the statutory demand must be set aside.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 July 1995
Procedural Posture
Application Under Corporations Law S.459 G / Judgment After Hearing of Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside; costs to applicant.
Legal Topics
['statutory Demand' 'genuine Dispute as to Debt' 'setting Aside Statutory Demand']
['corporations Law'] ['statutory Demand' 'genuine Dispute as to Debt' 'setting Aside Statutory Demand']

Source-derived case record

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Procedural Posture

Application Under Corporations Law S.459 G / Judgment After Hearing of Application to Set Aside Statutory Demand

Legal Issues

  1. 1 ['Whether a genuine dispute exists as to the debt claimed in the statutory demand under s.459G of the Corporations Law' 'Whether the statutory demand should be set aside']

Ratio Decidendi

There is a genuine dispute as to the amount of the debt claimed in the statutory demand, and the Court is unable to determine with sufficient certainty any admitted part of the debt not in dispute; therefore, the statutory demand must be set aside.

Court Disposition

Statutory demand set aside; costs to applicant.

Orders

  • ['The purported statutory demand dated 4 April 1995 served by the respondent on the applicant be set aside.' "The respondent pay the applicant's costs of the application."]