GONE FARMING v LONG [2001] NSWSC 816

GONE FARMING v LONG [2001] NSWSC 816

The statutory demand was set aside due to a defect in the demand: the debt was jointly owed to two creditors but the demand named and was made by only one, and was not signed by both as required by s 459E(2)(f) of the Corporations Act. This defect was substantive and not merely formal, preventing the statutory demand from standing.

Parties
Plaintiff: GONE FARMING PTY LIMITED; Defendant: PETER JOHN LONG
Jurisdiction
Australia
Judgment Date
07 September 2001
Procedural Posture
Application / Judgment on Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside; no order as to costs.
Legal Topics
Statutory Demand, Genuine Dispute, Defects in Demand, Joint Creditors
Corporations Law Civil Procedure Statutory Demand Genuine Dispute Defects in Demand Joint Creditors

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 2 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

GONE FARMING PTY LIMITED

Plaintiff

PETER JOHN LONG

Defendant

Procedural Posture

Application / Judgment on Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether a statutory demand should be set aside due to a defect in creditor description and signing under s 459E(2)(f) of the Corporations Act
  2. 2 Whether there is a genuine dispute as to the debt claimed in the statutory demand
  3. 3 Whether the debt was owed jointly or severally to the named creditors

Ratio Decidendi

The statutory demand was set aside due to a defect in the demand: the debt was jointly owed to two creditors but the demand named and was made by only one, and was not signed by both as required by s 459E(2)(f) of the Corporations Act. This defect was substantive and not merely formal, preventing the statutory demand from standing.

Court Disposition

Statutory demand set aside; no order as to costs.

Orders

  • Order 1 in the application (statutory demand set aside).
  • No order as to costs; each party to pay their own costs.