Pluton Resources Limited (Receivers and Managers Appointed), in the matter of Pluton Resources Limited (Receivers and Managers Appointed) v Lefty Resources Pty Ltd [2015] FCA 894
Although the statutory demand was defective for not identifying the amounts for each separate debt, no substantial injustice was caused as the plaintiff had sufficient information available to determine the liability, and therefore the application to set aside the demand was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 31 July 2015
- Procedural Posture
- Corporate Statutory Demand Application / Judgment on Application to Set Aside Statutory Demand
- Outcome
- Application dismissed
- Legal Topics
- ['statutory Demand' 'defects in Statutory Demand' 'substantial Injustice' 'identification of Debts in Statutory Demand']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporate Statutory Demand Application / Judgment on Application to Set Aside Statutory Demand
Legal Issues
- 1 ['Whether there was a defect in the statutory demand due to failure to identify amounts claimed for each debt' 'Whether the defect causes substantial injustice such that the demand should be set aside']
Ratio Decidendi
Although the statutory demand was defective for not identifying the amounts for each separate debt, no substantial injustice was caused as the plaintiff had sufficient information available to determine the liability, and therefore the application to set aside the demand was dismissed.
Court Disposition
Application dismissed
Orders
- ["The plaintiff's application dated 17 March 2015 is dismissed." "The plaintiff is to pay the defendant's costs as taxed or agreed."]
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