Trycala Pty Ltd v Nature's Realm (Australia) Pty Ltd [1998] FCA 1787

Having read the affidavits, the Court was satisfied that there was a genuine dispute between the applicant and respondent about the existence or amount of the debt to which the statutory demand related, and therefore set aside the demand.

Jurisdiction: Australia
Judgment Date: 09 November 1998
Procedural Posture: Application Pursuant to S 459 G of the Corporations Law to Set Aside a Statutory Demand / Ex Tempore Reasons for Judgment and Orders
Outcome: Application granted; statutory demand set aside; respondent ordered to pay the applicant's costs.
Legal Topics: ['statutory Demand' 'application to Set Aside Statutory Demand' 'genuine Dispute About Existence or Amount of Debt']

['corporations Law'] ['statutory Demand' 'application to Set Aside Statutory Demand' 'genuine Dispute About Existence or Amount of Debt']

Case Brief

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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 Pursuant to S 459 G of the Corporations Law to Set Aside a Statutory Demand / Ex Tempore Reasons for Judgment and Orders

Legal Issues

1 ['Whether there was a genuine dispute between the applicant and the respondent about the existence or amount of the debt to which the statutory demand related.']

Ratio Decidendi

Court Disposition

Application granted; statutory demand set aside; respondent ordered to pay the applicant's costs.

Orders

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