Trycala Pty Ltd v Aloe Tech Laboratories Pty Ltd [1998] FCA 1788

There is a genuine dispute between the applicant and the respondent about the existence or amount of the debt to which the statutory demand relates; thus, the statutory demand should be set aside.

Jurisdiction: Australia
Judgment Date: 09 November 1998
Procedural Posture: Application to Set Aside Statutory Demand / Judgment on Application
Outcome: Statutory demand set aside; costs awarded to applicant
Legal Topics: ['statutory Demand' 'genuine Dispute About Debt' 'setting Aside Statutory Demand']

['corporations Law'] ['statutory Demand' 'genuine Dispute About Debt' 'setting Aside Statutory Demand']

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Application

Legal Issues

1 ['Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates']

Ratio Decidendi

There is a genuine dispute between the applicant and the respondent about the existence or amount of the debt to which the statutory demand relates; thus, the statutory demand should be set aside.

Court Disposition

Statutory demand set aside; costs awarded to applicant

Orders

['The statutory demand dated 6 May 1998 be set aside.' "The respondent pay the applicant's costs of the application."]