Pinnacle Funding v Quecorp [2009] NSWSC 825

Pinnacle Funding v Quecorp [2009] NSWSC 825

The plaintiff's application to set aside the statutory demand must be dismissed as the plaintiff no longer wished to proceed and there was no genuine dispute about the debt. The application was brought for the improper purpose of delaying payment, warranting an order for costs on the indemnity basis in favour of the defendant.

Parties
Plaintiff: Pinnacle Funding Pty Ltd; Defendant: Quecorp Pty Ltd
Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Corporations Application to Set Aside Statutory Demand / Hearing and Final Judgment
Outcome
Application dismissed. Plaintiff to pay defendant's costs on the indemnity basis.
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Indemnity Costs, Genuine Dispute
Corporations Statutory Demand Setting Aside Statutory Demand Indemnity Costs Genuine Dispute

Case Brief

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Parties

Pinnacle Funding Pty Ltd

Plaintiff

Quecorp Pty Ltd

Defendant

Procedural Posture

Corporations Application to Set Aside Statutory Demand / Hearing and Final Judgment

Legal Issues

  1. 1 Whether the application to set aside the statutory demand should be dismissed
  2. 2 Whether the plaintiff's purpose in bringing the application was improper warranting indemnity costs

Ratio Decidendi

The plaintiff's application to set aside the statutory demand must be dismissed as the plaintiff no longer wished to proceed and there was no genuine dispute about the debt. The application was brought for the improper purpose of delaying payment, warranting an order for costs on the indemnity basis in favour of the defendant.

Court Disposition

Application dismissed. Plaintiff to pay defendant's costs on the indemnity basis.

Orders

  • Order that the originating process be dismissed.
  • Order the plaintiff to pay the defendant's costs on the indemnity basis.