In the matter of UGL Process Solutions Pty Ltd [2012] NSWSC 1256

In the matter of UGL Process Solutions Pty Ltd [2012] NSWSC 1256

The inclusion in the statutory demand of amounts not due and amounts genuinely in dispute constituted a defect causing substantial injustice and was inconsistent with the proper use of the statutory regime. The statutory demand was set aside under ss 459H and 459J of the Corporations Act 2001 (Cth).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 October 2012
Procedural Posture
Corporations Statutory Demand / Application to Set Aside Statutory Demand; Final Judgment
Outcome
Statutory demand set aside; defendant to pay plaintiff's costs.
Legal Topics
['winding Up' 'statutory Demand' 'setting Aside Statutory Demand' 'genuine Dispute' 'defect in Statutory Demand' 'abuse of Process']
['corporations'] ['winding Up' 'statutory Demand' 'setting Aside Statutory Demand' 'genuine Dispute' 'defect in Statutory Demand' 'abuse of Process']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Corporations Statutory Demand / Application to Set Aside Statutory Demand; Final Judgment

Legal Issues

  1. 1 ['Whether a genuine dispute exists about the debt the subject of a statutory demand' 'Whether there is a defect in the statutory demand causing substantial injustice' 'Whether there is some other reason to set aside the statutory demand']

Ratio Decidendi

The inclusion in the statutory demand of amounts not due and amounts genuinely in dispute constituted a defect causing substantial injustice and was inconsistent with the proper use of the statutory regime. The statutory demand was set aside under ss 459H and 459J of the Corporations Act 2001 (Cth).

Court Disposition

Statutory demand set aside; defendant to pay plaintiff's costs.

Orders

  • ["The Defendant's statutory demand dated 12 July 2012 be set aside." "The Defendant pay the Plaintiff's costs as agreed or assessed."]