JCS Developments P/L v Graveyard Recycling P/L [2001] NSWSC 270

JCS Developments P/L v Graveyard Recycling P/L [2001] NSWSC 270

The statutory demand was set aside because there was a genuine dispute about the quantification of the alleged debt, supported by evidence that more had been paid than was authorised, and because the demand and accompanying affidavit did not adequately verify the debt or produce the purchase order said to support it. Any defect was such as to cause substantial injustice unless the demand were set aside.

Jurisdiction
Australia
Judgment Date
09 April 2001
Procedural Posture
Application to Set Aside a Statutory Demand / Judgment Ex Tempore
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'verification of Debt' 'defect Causing Substantial Injustice']
['corporations' 'equity'] ['statutory Demand' 'genuine Dispute' 'verification of Debt' 'defect Causing Substantial Injustice']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside a Statutory Demand / Judgment Ex Tempore

Legal Issues

  1. 1 ['Whether there was a genuine dispute as to whether the debt claimed in the statutory demand was payable' 'Whether the statutory demand was adequately verified by the accompanying affidavit' 'Whether any defect in the demand could be excused under s459J of the Corporations Law']

Ratio Decidendi

The statutory demand was set aside because there was a genuine dispute about the quantification of the alleged debt, supported by evidence that more had been paid than was authorised, and because the demand and accompanying affidavit did not adequately verify the debt or produce the purchase order said to support it. Any defect was such as to cause substantial injustice unless the demand were set aside.

Court Disposition

Statutory demand set aside

Orders

  • ["The Plaintiff's application succeeds." 'The Statutory Demand is set aside.' "The Defendant is ordered to pay the Plaintiff's costs."]