Universal Music Australia Pty Limited v Brown [2003] FCA 1213

Universal Music Australia Pty Limited v Brown [2003] FCA 1213

The original and amended statutory demands were so defective, particularly by failing to identify any basis for the demand, that substantial injustice would be caused unless they were set aside; alternatively, the demands were coercive and there existed 'some other reason' to set them aside under the Corporations Act.

Source-derived case information.

Parties
Plaintiff: Universal Music Australia Pty Limited; Plaintiff: Centenary Australia Pty Limited; Defendant: Robert Geoffrey Brown
Jurisdiction
Australia
Judgment Date
31 October 2003
Procedural Posture
Application to Set Aside Statutory Demand / Final Judgment
Outcome
statutory demands and amended demands set aside, defendant's notices of motion refused, costs to plaintiffs
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, Defect in Demand, Substantial Injustice, Coercive Use of Demand
Corporations Law Statutory Demand Setting Aside Statutory Demand Defect in Demand Substantial Injustice Coercive Use of Demand

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Parties

Universal Music Australia Pty Limited

Plaintiff

Centenary Australia Pty Limited

Plaintiff

Robert Geoffrey Brown

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment

Legal Issues

  1. 1 Whether the statutory demands were defective and caused substantial injustice
  2. 2 Whether there was some other reason to set aside the statutory demands
  3. 3 Whether the demands failed to identify the debt

Ratio Decidendi

The original and amended statutory demands were so defective, particularly by failing to identify any basis for the demand, that substantial injustice would be caused unless they were set aside; alternatively, the demands were coercive and there existed 'some other reason' to set them aside under the Corporations Act.

Court Disposition

statutory demands and amended demands set aside, defendant's notices of motion refused, costs to plaintiffs

Orders

  • In W3008 of 2003: statutory demand dated 26 March 2003 (amended 10 April 2003, re-served 14 April 2003) set aside
  • Amended statutory demand set aside