Sajepe v Lawler Sajepe v Storm [2000] NSWSC 262

Sajepe v Lawler Sajepe v Storm [2000] NSWSC 262

The plaintiff's clear denial of the alleged misrepresentation, which was at the heart of the Local Court claim on which the default judgments and statutory demands were based, raised a genuine dispute. If the judgments were set aside, the underlying claims would be for unliquidated damages and would not constitute debts capable of supporting statutory demands. The statutory demands were therefore set aside.

Jurisdiction
Australia
Judgment Date
17 March 2000
Procedural Posture
Application to Set Aside Statutory Demand / Hearing of Summons in the Supreme Court of New South Wales, Equity Division
Outcome
Statutory demands set aside in each matter; defendants ordered to pay the plaintiff's costs.
Legal Topics
['statutory Demand' 'genuine Dispute' 'judgment Debt' 'default Judgment' 'unliquidated Damages']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'genuine Dispute' 'judgment Debt' 'default Judgment' 'unliquidated Damages']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Hearing of Summons in the Supreme Court of New South Wales, Equity Division

Legal Issues

  1. 1 ['Whether statutory demands founded on Local Court default judgments should be set aside because there was a genuine dispute about the judgment debts.' 'Whether the Local Court claims, if the default judgments were set aside, would be claims for unliquidated damages that could not found statutory demands.' 'Whether the applicant had shown a plausible defence on the merits to the claims underlying the default judgments.']

Ratio Decidendi

The plaintiff's clear denial of the alleged misrepresentation, which was at the heart of the Local Court claim on which the default judgments and statutory demands were based, raised a genuine dispute. If the judgments were set aside, the underlying claims would be for unliquidated damages and would not constitute debts capable of supporting statutory demands. The statutory demands were therefore set aside.

Court Disposition

Statutory demands set aside in each matter; defendants ordered to pay the plaintiff's costs.

Orders

  • ['In each matter the demands are set aside.' "The defendant is to pay the plaintiff's costs."]