In the Matter of Trainer Connections Pty Ltd [2012] NSWSC 1204

In the Matter of Trainer Connections Pty Ltd [2012] NSWSC 1204

There is no genuine dispute as to the indebtedness under the engagement agreement, and no genuine offsetting claim was established by the plaintiff. The application to set aside the statutory demand is therefore refused.

Jurisdiction
Australia
Judgment Date
08 August 2012
Procedural Posture
Corporations Creditor's Statutory Demand Application / Final Ex Tempore Judgment
Outcome
Originating process dismissed with costs
Legal Topics
['winding Up' "creditor's Statutory Demand" 'genuine Dispute' 'offsetting Claim']
['corporations Law'] ['winding Up' "creditor's Statutory Demand" 'genuine Dispute' 'offsetting Claim']

Case Brief

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Procedural Posture

Corporations Creditor's Statutory Demand Application / Final Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether a genuine dispute exists regarding the debt claimed under the statutory demand' 'Whether a genuine offsetting claim exists for the purposes of setting aside the statutory demand under s 459G of the Corporations Act 2001 (Cth)']

Ratio Decidendi

There is no genuine dispute as to the indebtedness under the engagement agreement, and no genuine offsetting claim was established by the plaintiff. The application to set aside the statutory demand is therefore refused.

Court Disposition

Originating process dismissed with costs

Orders

  • ['Order that the Originating Process be dismissed' "Order that the plaintiff pay the defendant's costs assessed in the sum of $12,500"]