Ocerog Pty Ltd v PR Finance Group Ltd [2009] NSWSC 405

Ocerog Pty Ltd v PR Finance Group Ltd [2009] NSWSC 405

The Plaintiff's supporting affidavit failed to give sufficient particularity of any misrepresentation made and relied upon before entry into the Deed of Indemnity, and therefore failed to demonstrate a genuine dispute as to the statutory demand debt. Because the Plaintiff could not rely on later affidavits filed after the twenty-one day period, the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
05 May 2009
Procedural Posture
Application to Set Aside Statutory Demand Under S 459 G and S 459 H of the Corporations Act 2001 (cth) / Ex Tempore Judgment on Application
Outcome
Application dismissed.
Legal Topics
['statutory Demand' 'genuine Dispute' 'supporting Affidavit' 'indemnity Costs']
['corporations Law' 'equity'] ['statutory Demand' 'genuine Dispute' 'supporting Affidavit' 'indemnity Costs']

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Procedural Posture

Application to Set Aside Statutory Demand Under S 459 G and S 459 H of the Corporations Act 2001 (cth) / Ex Tempore Judgment on Application

Legal Issues

  1. 1 ['Whether the affidavit filed in support of the application to set aside the statutory demand contained sufficient particularity to demonstrate a genuine dispute as to the debt.' 'Whether the Plaintiff could rely on further affidavits filed after expiry of the twenty-one day period.' 'Whether the Defendant should receive indemnity costs.']

Ratio Decidendi

The Plaintiff's supporting affidavit failed to give sufficient particularity of any misrepresentation made and relied upon before entry into the Deed of Indemnity, and therefore failed to demonstrate a genuine dispute as to the statutory demand debt. Because the Plaintiff could not rely on later affidavits filed after the twenty-one day period, the application had to be dismissed.

Court Disposition

Application dismissed.

Orders

  • ["The Plaintiff pay the Defendant's costs of the proceedings on the party/party basis." 'The application is dismissed.']