Marvel v Fisher [1999] NSWSC 502

Marvel v Fisher [1999] NSWSC 502

The statutory demand was set aside because the affidavit accompanying it omitted the required statement that there was no genuine dispute in circumstances where the defendant was likely aware of a dispute, and the evidence also showed at least an arguable genuine dispute concerning the loan and amounts claimed on...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 April 1999
Procedural Posture
Application to Set Aside a Statutory Demand / Judgment
Outcome
Statutory demand set aside.
Legal Topics
['statutory Demand' 'defective Affidavit Accompanying Demand' 'genuine Dispute' 'employment Termination Payments' 'loan Repayment']
['corporations Law' 'insolvency' 'civil Procedure'] ['statutory Demand' 'defective Affidavit Accompanying Demand' 'genuine Dispute' 'employment Termination Payments' 'loan Repayment']

Source-derived case record

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Procedural Posture

Application to Set Aside a Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether the affidavit accompanying the statutory demand was defective because it omitted a statement that there was no genuine dispute.' 'Whether omission of the important note attached to the affidavit justified setting aside the demand.' 'Whether there was a genuine dispute about the debts claimed in the statutory demand.' 'Whether insufficient detail in the supporting affidavit about calculation of termination amounts justified setting aside the demand.']

Ratio Decidendi

The statutory demand was set aside because the affidavit accompanying it omitted the required statement that there was no genuine dispute in circumstances where the defendant was likely aware of a dispute, and the evidence also showed at least an arguable genuine dispute concerning the loan and amounts claimed on termination of employment.

Court Disposition

Statutory demand set aside.

Orders

  • ['Order 1 in the summons.' 'Order 2 in the summons.']