New Environment v Ford & Anor [2008] NSWSC 45

New Environment v Ford & Anor [2008] NSWSC 45

The defects in the statutory demands and affidavits did not amount to substantial injustice, and the evidence did not establish a genuine dispute as to the debts due by the plaintiff company to the defendants. Accordingly, the application to set aside the demands was dismissed.

Parties
Plaintiff: New Environment Pty Ltd; Defendant: Kerrie Ford; Defendant: Wade Wyatt
Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Proceedings dismissed
Legal Topics
Statutory Demand, Genuine Dispute, Defects in Demand, Corporations Act S 459 G, Affidavit Requirements
Corporations Law Equity Statutory Demand Genuine Dispute Defects in Demand Corporations Act S 459 G Affidavit Requirements

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Parties

New Environment Pty Ltd

Plaintiff

Kerrie Ford

Defendant

Wade Wyatt

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether the statutory demands and supporting affidavits are defective under the Corporations Act.
  2. 2 Whether there is a genuine dispute as to the debts forming the basis of the statutory demands.

Ratio Decidendi

The defects in the statutory demands and affidavits did not amount to substantial injustice, and the evidence did not establish a genuine dispute as to the debts due by the plaintiff company to the defendants. Accordingly, the application to set aside the demands was dismissed.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed
  • Plaintiff to pay defendants' costs