In the matter of Spartan Sporting Goods Pty Ltd [2017] NSWSC 1146

In the matter of Spartan Sporting Goods Pty Ltd [2017] NSWSC 1146

Where material facts and genuine disputes were not known and could not have been known to the deponent within the statutory period for the supporting affidavit, evidence of those facts may be admitted provided the affidavit otherwise supports the s 459G application; the factual context and timing of knowledge are relevant to the application of the Graywinter principle.

Parties
Plaintiff: Spartan Sporting Goods Pty Ltd; Defendant: MCG Training Pty Ltd
Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Corporations Statutory Demand Set Aside Application / Interlocutory Objection to Affidavit Evidence
Outcome
Objection to paragraphs 8–22 of the affidavit overruled; paragraphs admitted subject to other objections.
Legal Topics
Statutory Demand, Graywinter Principle, Affidavit Requirements, Genuine Dispute
Corporations Law Statutory Demand Graywinter Principle Affidavit Requirements Genuine Dispute

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Parties

Spartan Sporting Goods Pty Ltd

Plaintiff

MCG Training Pty Ltd

Defendant

Procedural Posture

Corporations Statutory Demand Set Aside Application / Interlocutory Objection to Affidavit Evidence

Legal Issues

  1. 1 Whether the Graywinter principle precludes the plaintiff from relying on matters not known to the deponent of the supporting affidavit when due to be filed in a s 459G Corporations Act application

Ratio Decidendi

Where material facts and genuine disputes were not known and could not have been known to the deponent within the statutory period for the supporting affidavit, evidence of those facts may be admitted provided the affidavit otherwise supports the s 459G application; the factual context and timing of knowledge are relevant to the application of the Graywinter principle.

Court Disposition

Objection to paragraphs 8–22 of the affidavit overruled; paragraphs admitted subject to other objections.

Orders

  • Paragraphs 8–22 of Mr Galbraith's affidavit sworn 1 August 2017 admitted subject to other objections.