LB Schofields One Pty Ltd v Trevet Property Pty Ltd, in the matter of LB Schofields One Pty Ltd [2015] FCA 1416

LB Schofields One Pty Ltd v Trevet Property Pty Ltd, in the matter of LB Schofields One Pty Ltd [2015] FCA 1416

The creditor's statutory demands were set aside because there existed genuine disputes regarding the existence of the debt and the quantum, including the correct identification of debtor, enforceability of the alleged commission under statutory agency requirements, and ascertainability of the debt amount; additionally, the supporting affidavits failed to state the source of knowledge, constituting a defect under s 459E(3) and the rules.

Parties
Plaintiff: LB Schofields One Pty Ltd; Plaintiff: LB Developments Group Pty Ltd; Defendant: Trevet Property Pty Ltd
Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Applications to Set Aside Creditor's Statutory Demands Under Corporations Act 2001 (cth) / Final Judgment After Hearing
Outcome
Creditor's statutory demands in both proceedings set aside; defendant ordered to pay plaintiffs' costs.
Legal Topics
Statutory Demand, Genuine Dispute, Defect in Statutory Demand, Verification Affidavit, Commission Recovery, Agency Agreement, Identification of Debtor
Corporations Law Statutory Demand Genuine Dispute Defect in Statutory Demand Verification Affidavit Commission Recovery Agency Agreement Identification of Debtor

Case Brief

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Parties

LB Schofields One Pty Ltd

Plaintiff

LB Developments Group Pty Ltd

Plaintiff

Trevet Property Pty Ltd

Defendant

Procedural Posture

Applications to Set Aside Creditor's Statutory Demands Under Corporations Act 2001 (cth) / Final Judgment After Hearing

Legal Issues

  1. 1 Is there a genuine dispute regarding the existence or amount of the debt the subject of the statutory demands?
  2. 2 Is there a defect in the statutory demands or the verifying affidavits that would warrant the demands being set aside?
  3. 3 Was the agreement enforceable and who was the correct debtor for the alleged debt?

Ratio Decidendi

The creditor's statutory demands were set aside because there existed genuine disputes regarding the existence of the debt and the quantum, including the correct identification of debtor, enforceability of the alleged commission under statutory agency requirements, and ascertainability of the debt amount; additionally, the supporting affidavits failed to state the source of knowledge, constituting a defect under s 459E(3) and the rules.

Court Disposition

Creditor's statutory demands in both proceedings set aside; defendant ordered to pay plaintiffs' costs.

Orders

  • Pursuant to s 459H of the Corporations Act 2001 (Cth) the Creditor's Statutory Demand dated 22 July 2015 and addressed to LB Schofields One Pty Ltd be set aside.
  • Pursuant to s 459H of the Corporations Act 2001 (Cth) the Creditor's Statutory Demand dated 22 July 2015 and addressed to LB Developments Group Pty Ltd be set aside.