GSK Facility Maintenance Group Pty Ltd v Conair Installations Pty Ltd, in the matter of GSK Facility Maintenance Group Pty Ltd [2017] FCA 1242

GSK Facility Maintenance Group Pty Ltd v Conair Installations Pty Ltd, in the matter of GSK Facility Maintenance Group Pty Ltd [2017] FCA 1242

The statutory demand was set aside because GSK established a genuine dispute regarding parts of the debt, and an off-setting cross-claim which exceeded the uncontested portion of the statutory demand, supported by prior correspondence and evidence of disputes predating the demand.

Parties
Applicant: GSK Facility Maintenance Group Pty Ltd; Respondent: Conair Installations Pty Ltd
Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Corporations Statutory Demand Application / Application to Set Aside Statutory Demand
Outcome
Statutory demand set aside
Legal Topics
Statutory Demand, Genuine Dispute, Off Setting Claim
Insolvency Corporations Statutory Demand Genuine Dispute Off Setting Claim

Case Brief

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Parties

GSK Facility Maintenance Group Pty Ltd

Applicant

Conair Installations Pty Ltd

Respondent

Procedural Posture

Corporations Statutory Demand Application / Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether there is a genuine dispute about the existence or amount of the debt the subject of the statutory demand
  2. 2 Whether there is an off-setting claim exceeding the uncontested part of the statutory demand

Ratio Decidendi

The statutory demand was set aside because GSK established a genuine dispute regarding parts of the debt, and an off-setting cross-claim which exceeded the uncontested portion of the statutory demand, supported by prior correspondence and evidence of disputes predating the demand.

Court Disposition

Statutory demand set aside

Orders

  • The respondent's creditor's statutory demand dated 28 June 2017 is set aside.
  • The respondent to pay the applicant's costs of and incidental to the application.