Reale v Reale [2003] NSWSC 293

Reale v Reale [2003] NSWSC 293

There was a genuine dispute as to the debt forming the subject of the statutory demand, including questions of waiver, estoppel, and who was the principal debtor, so the statutory demand must be set aside under s 459G/H of the Corporations Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 April 2003
Procedural Posture
Application to Set Aside Statutory Demand / Hearing and Judgment
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'indemnity of Guarantor' 'genuine Dispute Under S 459 G Corporations Act']
['corporations Law' 'equity'] ['statutory Demand' 'indemnity of Guarantor' 'genuine Dispute Under S 459 G Corporations Act']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Hearing and Judgment

Legal Issues

  1. 1 ['Whether the statutory demand should be set aside under s 459G of the Corporations Act' 'Whether there existed a genuine dispute as to the debt claimed in the statutory demand' 'Whether waiver, estoppel, or offsetting claim prevented the demand' 'Whether the statutory demand was defective for lack of signature by joint creditors']

Ratio Decidendi

There was a genuine dispute as to the debt forming the subject of the statutory demand, including questions of waiver, estoppel, and who was the principal debtor, so the statutory demand must be set aside under s 459G/H of the Corporations Act.

Court Disposition

Statutory demand set aside

Orders

  • ['Order 1 in the application made (statutory demand set aside)' 'Parties to be heard on costs']