In the matter of Jana Pty Ltd [2022] NSWSC 112

In the matter of Jana Pty Ltd [2022] NSWSC 112

There was a genuine dispute as to whether Jana Pty Ltd owed the $481,865.51 as a guarantor under the Deed and as to whether any such debt was due and payable as at the date of the statutory demand. The statutory demand was therefore set aside under s 459H of the Corporations Act.

Parties
Plaintiff: Jana Pty Ltd; Defendant: Allspec Constructions and Project Management Pty Ltd
Jurisdiction
Australia
Judgment Date
15 February 2022
Procedural Posture
Application to Set Aside Statutory Demand / Final Decision
Outcome
Statutory demand set aside; defendant to pay plaintiff's costs.
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Genuine Dispute, Construction of Deed, Debt Due and Payable
Corporations Law Statutory Demand Setting Aside Statutory Demand Genuine Dispute Construction of Deed Debt Due and Payable

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jana Pty Ltd

Plaintiff

Allspec Constructions and Project Management Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Decision

Legal Issues

  1. 1 Whether there is a genuine dispute about the existence of the debt to which the statutory demand relates
  2. 2 Whether on the proper construction of the Deed, Jana Pty Ltd was a guarantor in respect of the amount claimed
  3. 3 Whether the claimed amount was due and payable as at the date of the statutory demand

Ratio Decidendi

There was a genuine dispute as to whether Jana Pty Ltd owed the $481,865.51 as a guarantor under the Deed and as to whether any such debt was due and payable as at the date of the statutory demand. The statutory demand was therefore set aside under s 459H of the Corporations Act.

Court Disposition

Statutory demand set aside; defendant to pay plaintiff's costs.

Orders

  • The statutory demand dated 13 September 2021 issued by the defendant to the plaintiff is set aside.
  • The defendant pay the plaintiff's costs of these proceedings.