Standard Commodities Pty Ltd v Societe Socinter department Centragel [2005] NSWSC 294

Standard Commodities Pty Ltd v Societe Socinter department Centragel [2005] NSWSC 294

The statutory demand was set aside because the affidavit accompanying it failed to comply with rule 5.2 and Form 7 of the Supreme Court (Corporations) Rules 1999: the beliefs as to debt and absence of genuine dispute were not sourced from the creditor but third-party lawyers, creating hearsay and unreliability per...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 April 2005
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Statutory demand set aside; costs awarded to plaintiff.
Legal Topics
['statutory Demand' 'affidavit Defects' 'foreign Judgments' 'genuine Dispute' 'debt Payable in Australia']
['corporations' 'insolvency'] ['statutory Demand' 'affidavit Defects' 'foreign Judgments' 'genuine Dispute' 'debt Payable in Australia']

Source-derived case record

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 ['Whether affidavit accompanying statutory demand was defective' 'Whether statutory demand defective because debt was not payable in Australia' 'Whether there exists a genuine dispute because foreign judgment grounding demand was not registered in Australia']

Ratio Decidendi

The statutory demand was set aside because the affidavit accompanying it failed to comply with rule 5.2 and Form 7 of the Supreme Court (Corporations) Rules 1999: the beliefs as to debt and absence of genuine dispute were not sourced from the creditor but third-party lawyers, creating hearsay and unreliability per s.459J(1)(b). No other ground for setting aside was made out.

Court Disposition

Statutory demand set aside; costs awarded to plaintiff.

Orders

  • ['The statutory demand dated 8 October 2004 be set aside.' "The defendant pay the plaintiff's costs."]