Jageev Pty Ltd v Deane, Francis Mervyn [1998] FCA 513

Jageev Pty Ltd v Deane, Francis Mervyn [1998] FCA 513

At the present time, there is no genuine dispute as to the debt the subject of the statutory demand. The statutory demand accurately described the debt due at the time of service, and subsequent litigation has now resolved the existence and amount of the debt. The application to set aside the statutory demand must be dismissed.

Parties
Applicant: Jageev Pty Limited; Respondent: Francis Mervyn Deane
Jurisdiction
Australia
Judgment Date
15 May 1998
Procedural Posture
Review of Registrar's Decision (corporations Statutory Demand) / Final Judgment After Rehearing
Outcome
Application to set aside statutory demand dismissed with costs. Period for compliance with statutory demand extended to 21 days after this order.
Legal Topics
Statutory Demand, Review of Registrar's Decision, Genuine Dispute, Judgment Debt, Extension of Time
Corporations Law Statutory Demand Review of Registrar's Decision Genuine Dispute Judgment Debt Extension of Time

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Parties

Jageev Pty Limited

Applicant

Francis Mervyn Deane

Respondent

Procedural Posture

Review of Registrar's Decision (corporations Statutory Demand) / Final Judgment After Rehearing

Legal Issues

  1. 1 Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates as at the time of hearing
  2. 2 Whether the statutory demand should be set aside or period for compliance extended

Ratio Decidendi

At the present time, there is no genuine dispute as to the debt the subject of the statutory demand. The statutory demand accurately described the debt due at the time of service, and subsequent litigation has now resolved the existence and amount of the debt. The application to set aside the statutory demand must be dismissed.

Court Disposition

Application to set aside statutory demand dismissed with costs. Period for compliance with statutory demand extended to 21 days after this order.

Orders

  • The application to set aside the statutory demand be dismissed with costs.
  • The period for compliance with the statutory demand be extended to 21 days after the day on which this order is made.