Ketrim Pty Ltd v AS&L Pty Ltd [2004] NSWSC 1046

Ketrim Pty Ltd v AS&L Pty Ltd [2004] NSWSC 1046

The plaintiff's application and supporting affidavit were both filed and served within the statutory time limit under s.459G(3), and there exists a genuine dispute regarding the debt specified in the statutory demand. Therefore, the statutory demand should be set aside.

Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Corporate Statutory Demand Proceedings / Final Judgment
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'genuine Dispute' 'defect in Demand' 'address for Service' 'time Limits for Service']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'defect in Demand' 'address for Service' 'time Limits for Service']

Case Brief

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Procedural Posture

Corporate Statutory Demand Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the proceedings to set aside the statutory demand were commenced within the statutory time limit' 'Whether the address for service specified in the demand constituted a defect productive of injustice' 'Whether there exists a genuine dispute as to the existence of the debt']

Ratio Decidendi

The plaintiff's application and supporting affidavit were both filed and served within the statutory time limit under s.459G(3), and there exists a genuine dispute regarding the debt specified in the statutory demand. Therefore, the statutory demand should be set aside.

Court Disposition

Statutory demand set aside

Orders

  • ['Statutory demand is set aside' "Defendant to pay plaintiff's costs of the proceedings"]