In the matter of Pressure Pro Pty Ltd [2022] NSWSC 1635

In the matter of Pressure Pro Pty Ltd [2022] NSWSC 1635

The statutory demand was not ineffective and should not be set aside because the supporting affidavit was validly sworn or witnessed under at least s 186 of the Evidence Act 1995 (Cth), the Oaths Act 1900 (NSW), and the Oaths and Affirmations Act 2018 (Vic). No defect in the affidavit was established. The arbitration clause also did not justify setting aside the demand because there was no evidence of any known dispute about the claimed debt when the demand was served, and the later evidence did not establish a genuine dispute or a sufficient ground under s 459J of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
09 November 2022
Procedural Posture
Application for Declaratory Relief or to Set Aside a Creditor's Statutory Demand Under Ss 459 H or 459 J of the Corporations Act 2001 (cth) / Amended Originating Process Filed on 20 September 2022; Principal Judgment
Outcome
Amended Originating Process dismissed with costs.
Legal Topics
["creditor's Statutory Demand" 'affidavit Verifying Debt' 'affidavit Sworn Overseas and Witnessed by Audio Visual Means' 'genuine Dispute' 'arbitration Clause' 'setting Aside Statutory Demand']
['corporations Law' 'evidence' 'civil Procedure' 'arbitration'] ["creditor's Statutory Demand" 'affidavit Verifying Debt' 'affidavit Sworn Overseas and Witnessed by Audio Visual Means' 'genuine Dispute' 'arbitration Clause' 'setting Aside Statutory Demand']

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Procedural Posture

Application for Declaratory Relief or to Set Aside a Creditor's Statutory Demand Under Ss 459 H or 459 J of the Corporations Act 2001 (cth) / Amended Originating Process Filed on 20 September 2022; Principal Judgment

Legal Issues

  1. 1 ["Whether the affidavit supporting the creditor's statutory demand was an affidavit for the purposes of s 459E(3) of the Corporations Act 2001 (Cth)." 'Whether the affidavit was validly witnessed where sworn by a deponent in Sweden and witnessed by an Australian legal practitioner in Victoria by audio-visual means.' 'Whether any failure to comply with the Electronic Transactions Act 2000 (NSW) affected the validity of the affidavit.' 'Whether the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters affected the use of the affidavit.' "Whether the arbitration clause in the parties' Distribution Agreement established a genuine dispute or other ground for setting aside the demand under ss 459H or 459J of the Corporations Act 2001 (Cth)."]

Ratio Decidendi

The statutory demand was not ineffective and should not be set aside because the supporting affidavit was validly sworn or witnessed under at least s 186 of the Evidence Act 1995 (Cth), the Oaths Act 1900 (NSW), and the Oaths and Affirmations Act 2018 (Vic). No defect in the affidavit was established. The arbitration clause also did not justify setting aside the demand because there was no evidence of any known dispute about the claimed debt when the demand was served, and the later evidence did not establish a genuine dispute or a sufficient ground under s 459J of the Corporations Act 2001 (Cth).

Court Disposition

Amended Originating Process dismissed with costs.

Orders

  • ['Amended Originating Process filed by the Plaintiff on 20 September 2022 is dismissed with costs.']