SURFTV v BELMONTE [2002] NSWSC 252

SURFTV v BELMONTE [2002] NSWSC 252

The affidavits disclosed a genuine dispute about whether the defendant was appointed as a consultant and whether the claimed consultancy fees were owing. Although the backdated letter signed by Mr Devlin could evidence an appointment, the surrounding evidence, including the email seeking a letter for assurance cover and sworn evidence denying any contract, meant the Court was not persuaded that the dispute was not genuine. The statutory demand was therefore set aside.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Application to Set Aside Statutory Demand Under S 459 G of the Corporations Law / Hearing of Originating Process
Outcome
Demand set aside.
Legal Topics
['statutory Demand' 'genuine Dispute' 'supporting Affidavit' 'jurisdiction']
['corporations Law'] ['statutory Demand' 'genuine Dispute' 'supporting Affidavit' 'jurisdiction']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand Under S 459 G of the Corporations Law / Hearing of Originating Process

Legal Issues

  1. 1 ["Whether the plaintiff's affidavits disclosed facts showing a genuine dispute sufficient to support an application to set aside the statutory demand." 'Whether the Court had jurisdiction to grant relief under s 459G where the defendant contended that the supporting evidence disclosed no genuine dispute.' 'Whether there was a genuine dispute as to whether the defendant had been appointed as a consultant to the plaintiff and was owed consultancy fees.']

Ratio Decidendi

The affidavits disclosed a genuine dispute about whether the defendant was appointed as a consultant and whether the claimed consultancy fees were owing. Although the backdated letter signed by Mr Devlin could evidence an appointment, the surrounding evidence, including the email seeking a letter for assurance cover and sworn evidence denying any contract, meant the Court was not persuaded that the dispute was not genuine. The statutory demand was therefore set aside.

Court Disposition

Demand set aside.

Orders

  • ['Orders 1 and 2 in the originating process made.']