Professional Advantage Pty Ltd v Australian Broadcasting Commission [2007] NSWSC 607

Professional Advantage Pty Ltd v Australian Broadcasting Commission [2007] NSWSC 607

Given the existence of a genuine dispute as to the debt and the defendant's improper use and persistence in the statutory demand procedure, the statutory demand is set aside and indemnity costs ordered against the defendant.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Corporations Application to Set Aside Statutory Demand / Hearing of Application for Order Setting Aside Statutory Demand Under S 459 G of the Corporations Act 2001 (cth)
Outcome
Statutory demand set aside; indemnity costs ordered against the defendant.
Legal Topics
['statutory Demand' 'setting Aside Demand' 'genuine Dispute' 'indemnity Costs']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'setting Aside Demand' 'genuine Dispute' 'indemnity Costs']

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Procedural Posture

Corporations Application to Set Aside Statutory Demand / Hearing of Application for Order Setting Aside Statutory Demand Under S 459 G of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether there is a genuine dispute about the existence of the debt for which statutory demand was issued' 'Whether indemnity costs should be ordered due to improper use of the statutory demand procedure']

Ratio Decidendi

Given the existence of a genuine dispute as to the debt and the defendant's improper use and persistence in the statutory demand procedure, the statutory demand is set aside and indemnity costs ordered against the defendant.

Court Disposition

Statutory demand set aside; indemnity costs ordered against the defendant.

Orders

  • ["Plaintiff's costs to be paid by the defendant on the indemnity basis." 'Statutory demand dated 27/2/07 served by the defendant on the plaintiff set aside.']