In the matter of Matrix Group Co Pty Ltd [2021] NSWSC 1042

A genuine dispute exists as to whether the 'acknowledgment' of debt supporting the statutory demand was unconditional or was subject to TPS's commitment to return to site and complete works; such dispute is sufficient to warrant setting aside the statutory demand under s 459H(1)(a) of the Corporations Act 2001 (Cth).

Jurisdiction: Australia
Judgment Date: 06 August 2021
Procedural Posture: Corporations Statutory Demand / Application to Set Aside Statutory Demand
Outcome: Creditor's statutory demand set aside with costs.
Legal Topics: ['statutory Demand' 'genuine Dispute' 'acknowledgment of Debt']

['corporations' 'equity'] ['statutory Demand' 'genuine Dispute' 'acknowledgment of Debt']

Case Brief

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Procedural Posture

Corporations Statutory Demand / Application to Set Aside Statutory Demand

Legal Issues

1 ["Whether a genuine dispute exists as to the existence or amount of debt relied upon in the creditor's statutory demand" "Whether the payment schedule or 'acknowledgment' was unconditional or subject to conditions"]

Ratio Decidendi

Court Disposition

Creditor's statutory demand set aside with costs.

Orders

["The creditor's statutory demand dated 15 March 2021 issued by TPS Group Services Pty Ltd to Matrix Group Co Pty Ltd be set aside." "The Defendant pay the Plaintiff's costs of the application, as agreed or as assessed."]