PBTI v PBT [2003] NSWSC 771

PBTI v PBT [2003] NSWSC 771

Affidavit evidence filed outside the twenty-one day period under s 459G cannot introduce new grounds not identified in the original affidavit; since the original affidavit failed to sufficiently identify the grounds for dispute, the additional affidavits could not be considered and the application to set aside the statutory demand must be dismissed.

Parties
Plaintiff: PBTI Pty Ltd; Defendant: PBT International Limited
Jurisdiction
Australia
Judgment Date
14 August 2003
Procedural Posture
Application to Set Aside Statutory Demand / Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Statutory Demand, Affidavit Requirements, Time Limits Under Corporations Act
Corporations Law Statutory Demand Affidavit Requirements Time Limits Under Corporations Act

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Parties

PBTI Pty Ltd

Plaintiff

PBT International Limited

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Hearing and Judgment

Legal Issues

  1. 1 Whether affidavits filed outside of the twenty-one day period in s 459G can raise new matters in support of an application to set aside a statutory demand
  2. 2 Whether the supporting affidavit filed within time adequately identifies the grounds for dispute

Ratio Decidendi

Affidavit evidence filed outside the twenty-one day period under s 459G cannot introduce new grounds not identified in the original affidavit; since the original affidavit failed to sufficiently identify the grounds for dispute, the additional affidavits could not be considered and the application to set aside the statutory demand must be dismissed.

Court Disposition

Application dismissed

Orders

  • Summons dismissed
  • Plaintiff to pay defendant's costs