Plycam P/L v. Soljan, G. [1994] FCA 785

Plycam P/L v. Soljan, G. [1994] FCA 785

There is a genuine dispute of fact and law in respect of the alleged debt, particularly as to the terms and characterisation of the payments, warranting the grant of the application pursuant to s. 459G of the Corporations Law.

Parties
Applicant: LY! Pty Limited; Respondent: Graeme Soljan
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Corporations Law Application / Hearing on Application Under S. 459 G
Outcome
Application granted
Legal Topics
Statutory Demand, Genuine Dispute, Loans to Company, Repayment Terms
Corporations Law Statutory Demand Genuine Dispute Loans to Company Repayment Terms

Case Brief

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Parties

LY! Pty Limited

Applicant

Graeme Soljan

Respondent

Procedural Posture

Corporations Law Application / Hearing on Application Under S. 459 G

Legal Issues

  1. 1 Whether there is a genuine dispute about the alleged debt,
  2. 2 Whether the payment was a loan or a capital contribution
  3. 3 Whether the loan is repayable on demand

Ratio Decidendi

There is a genuine dispute of fact and law in respect of the alleged debt, particularly as to the terms and characterisation of the payments, warranting the grant of the application pursuant to s. 459G of the Corporations Law.

Court Disposition

Application granted

Orders

  • Order in paragraph one of the application granted
  • Respondent to pay two-thirds of the applicant's costs