In the matter of Rural Security Holdings Pty Limited [2013] NSWSC 1233

In the matter of Rural Security Holdings Pty Limited [2013] NSWSC 1233

Because the defendant had been notified of the hearing date but did not appear, and the plaintiff's affidavit sufficiently outlined a dispute as to the indebtedness claimed in the statutory demand, the statutory demand was set aside under Corporations Act 2001 (Cth), s 459G.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Application to Set Aside a Creditor's Statutory Demand / Ex Tempore Principal Judgment
Outcome
Creditor's statutory demand set aside; defendant ordered to pay plaintiff's costs assessed at $5,000.
Legal Topics
["creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'genuine Dispute as to Indebtedness' 'no Appearance by Defendant']
['corporations'] ["creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'genuine Dispute as to Indebtedness' 'no Appearance by Defendant']

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Procedural Posture

Application to Set Aside a Creditor's Statutory Demand / Ex Tempore Principal Judgment

Legal Issues

  1. 1 ["Whether the creditor's statutory demand dated 5 April 2013 and served by the defendant on the plaintiff should be set aside under Corporations Act 2001 (Cth), s 459G."]

Ratio Decidendi

Because the defendant had been notified of the hearing date but did not appear, and the plaintiff's affidavit sufficiently outlined a dispute as to the indebtedness claimed in the statutory demand, the statutory demand was set aside under Corporations Act 2001 (Cth), s 459G.

Court Disposition

Creditor's statutory demand set aside; defendant ordered to pay plaintiff's costs assessed at $5,000.

Orders

  • ["Pursuant to Corporations Act, s 459G, the creditor's statutory demand dated 5 April 2013 and served by the defendant on the plaintiff that day be set aside." "The defendant pay the plaintiff's costs assessed in the sum of $5,000."]