Treasury Wine Estates Vintners Limited v Garrett [2016] FCA 690

Treasury Wine Estates Vintners Limited v Garrett [2016] FCA 690

The statutory demand served by the defendant is set aside for non-compliance with vexatious litigant orders, inadequate description of the debt, and existence of a genuine dispute concerning the demand.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Corporations and Corporate Insolvency / Ruling on Statutory Demand Application
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'vexatious Litigant Orders' 'setting Aside Statutory Demands']
['corporations Law' 'corporate Insolvency'] ['statutory Demand' 'vexatious Litigant Orders' 'setting Aside Statutory Demands']

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Procedural Posture

Corporations and Corporate Insolvency / Ruling on Statutory Demand Application

Legal Issues

  1. 1 ['Whether the statutory demand dated 21 April 2016 should be set aside' 'Effect of vexatious litigant orders on statutory demands' 'Description adequacy of debt in statutory demand' 'Existence of genuine dispute regarding statutory demand']

Ratio Decidendi

The statutory demand served by the defendant is set aside for non-compliance with vexatious litigant orders, inadequate description of the debt, and existence of a genuine dispute concerning the demand.

Court Disposition

Statutory demand set aside

Orders

  • ["The defendant's statutory demand for payment of a debt in the sum of $150,000 dated 21 April 2016 is set aside."]