Scolaro's Concrete Construction Pty Ltd v Schiavello Commercial Interiors (Vic) Pty Ltd [1995] FCA 861

Scolaro's Concrete Construction Pty Ltd v Schiavello Commercial Interiors (Vic) Pty Ltd [1995] FCA 861

The evidence shows that at the relevant time, the applicant and De Pellegrin were joint venturers, and the invoices representing the debt were debited during the subsistence of that joint venture. The applicant did not sufficiently contradict this or provide persuasive evidence of a genuine dispute. Mere denial is...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 October 1995
Procedural Posture
Application to Set Aside Statutory Demand / Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
['statutory Demand' 'genuine Dispute' 'joint Venture' 'debt Recovery']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'joint Venture' 'debt Recovery']

Source-derived case record

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment at First Instance

Legal Issues

  1. 1 ['Whether there is a genuine dispute as to the existence of the debt underlying the statutory demand under s 459G(1) of the Corporations Law']

Ratio Decidendi

The evidence shows that at the relevant time, the applicant and De Pellegrin were joint venturers, and the invoices representing the debt were debited during the subsistence of that joint venture. The applicant did not sufficiently contradict this or provide persuasive evidence of a genuine dispute. Mere denial is insufficient to establish a genuine dispute under s 459G(1).

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed with costs.']