Intergraph Public Safety Pty Ltd v Tess Lawrence Media Services Pty Ltd [1996] FCA 311

Intergraph Public Safety Pty Ltd v Tess Lawrence Media Services Pty Ltd [1996] FCA 311

There is a genuine dispute as to the existence of the contract alleged by the respondent, supported by conflicting evidence and contemporaneous documents indicating no concluded contract without Board approval; thus, the statutory demand is set aside as it was issued for an improper purpose.

Parties
Applicant: Intergraph Public Safety Pty Ltd; Respondent: Tess Lawrence Media Services Pty Ltd
Jurisdiction
Australia
Judgment Date
17 April 1996
Procedural Posture
Corporations Application to Set Aside Statutory Demand / Final Judgment
Outcome
Application allowed; statutory demand set aside; costs awarded on solicitor/client basis.
Legal Topics
Statutory Demand, Genuine Dispute, Abuse of Winding Up Proceedings, Costs
Corporations Law Statutory Demand Genuine Dispute Abuse of Winding Up Proceedings Costs

Case Brief

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Parties

Intergraph Public Safety Pty Ltd

Applicant

Tess Lawrence Media Services Pty Ltd

Respondent

Procedural Posture

Corporations Application to Set Aside Statutory Demand / Final Judgment

Legal Issues

  1. 1 Whether there is a genuine dispute as to the existence of a contract giving rise to the claimed debt
  2. 2 Whether the statutory demand was issued for an improper purpose
  3. 3 Whether costs should be awarded on a solicitor/client basis

Ratio Decidendi

There is a genuine dispute as to the existence of the contract alleged by the respondent, supported by conflicting evidence and contemporaneous documents indicating no concluded contract without Board approval; thus, the statutory demand is set aside as it was issued for an improper purpose.

Court Disposition

Application allowed; statutory demand set aside; costs awarded on solicitor/client basis.

Orders

  • The statutory demand dated 15 December 1995 is set aside.
  • The respondent pay the applicant's costs on a solicitor/client basis.