St Hilliers Constructions v Lasbin [2000] NSWSC 211

St Hilliers Constructions v Lasbin [2000] NSWSC 211

The statutory demand was set aside because there was at least an arguable genuine dispute concerning representations about the product and its suitability, no present liability for a debt had arisen where the supply terms were cash on delivery and the goods had not been collected, and the supporting affidavit deliberately omitted the required statement that there was no genuine dispute despite indications that the deponent knew of a dispute.

Jurisdiction
Australia
Judgment Date
22 March 2000
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Statutory demand set aside; defendant to pay the plaintiff's costs up to and including 21 March 2000.
Legal Topics
['statutory Demand' 'genuine Dispute' 'debt Due and Payable' 'misleading or Deceptive Conduct' 'fitness for Purpose' 'affidavit in Support of Statutory Demand']
['corporations Law' 'contract Law' 'consumer Law' 'sale of Goods'] ['statutory Demand' 'genuine Dispute' 'debt Due and Payable' 'misleading or Deceptive Conduct' 'fitness for Purpose' 'affidavit in Support of Statutory Demand']

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether there was a genuine dispute about the claimed debt arising from representations about the product and its fitness for purpose.' 'Whether a debt had arisen to support the statutory demand where the goods were supplied on a cash on delivery basis and had not been collected.' 'Whether the statutory demand should be set aside for some other reason because the supporting affidavit did not include a positive statement that the deponent believed there was no genuine dispute.']

Ratio Decidendi

The statutory demand was set aside because there was at least an arguable genuine dispute concerning representations about the product and its suitability, no present liability for a debt had arisen where the supply terms were cash on delivery and the goods had not been collected, and the supporting affidavit deliberately omitted the required statement that there was no genuine dispute despite indications that the deponent knew of a dispute.

Court Disposition

Statutory demand set aside; defendant to pay the plaintiff's costs up to and including 21 March 2000.

Orders

  • ['The statutory demand dated 28 January 2000 and served by the defendant on the plaintiff on 1 February 2000 be set aside.' "The defendant shall pay the plaintiff's costs up to and including yesterday."]