In the matter of Selin Australia Pty Limited [2016] NSWSC 1908

In the matter of Selin Australia Pty Limited [2016] NSWSC 1908

The Court has jurisdiction to hear the application as the presumption of service was rebutted by evidence of actual collection of the demand; however, the plaintiff failed to establish an offsetting claim with a substantiated amount, as required by s 459H(1)(b), because the evidence lacked particularity and causal link for the alleged loss.

Parties
Plaintiff: Selin Australia Pty Ltd; Defendant: Ates Enterprises Pty Ltd
Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Corporations Application to Set Aside Creditor's Statutory Demand / Principal Judgment
Outcome
Application to set aside creditor's statutory demand dismissed with costs.
Legal Topics
Creditor's Statutory Demand, Offsetting Claim, Jurisdiction, Service of Documents, Breach of Fiduciary Duty
Corporations Law Equity Creditor's Statutory Demand Offsetting Claim Jurisdiction Service of Documents Breach of Fiduciary Duty

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Parties

Selin Australia Pty Ltd

Plaintiff

Ates Enterprises Pty Ltd

Defendant

Procedural Posture

Corporations Application to Set Aside Creditor's Statutory Demand / Principal Judgment

Legal Issues

  1. 1 Whether the application to set aside the demand was served within the statutory 21-day period under s 459G of the Corporations Act 2001 (Cth)
  2. 2 Whether an offsetting claim under s 459H(1)(b) of the Corporations Act 2001 (Cth) was established

Ratio Decidendi

The Court has jurisdiction to hear the application as the presumption of service was rebutted by evidence of actual collection of the demand; however, the plaintiff failed to establish an offsetting claim with a substantiated amount, as required by s 459H(1)(b), because the evidence lacked particularity and causal link for the alleged loss.

Court Disposition

Application to set aside creditor's statutory demand dismissed with costs.

Orders

  • The application to set aside the creditor's statutory demand dated 12 July 2016 be dismissed with costs.