Vertical v Time [2008] NSWSC 1024
The demand was based on an alleged claim for illegal conversion and usage of a router, or possibly damages for breach of arrangements between the parties. Such a claim required assessment or quantification of damages and was not a presently owing debt capable of supporting a statutory demand. The demand therefore had to be set aside.
- Jurisdiction
- Australia
- Judgment Date
- 24 October 2008
- Procedural Posture
- Application Under Section 459 G of the Corporations Act 2001 to Set Aside a Statutory Demand / Hearing of Originating Process
- Outcome
- Statutory demand set aside.
- Legal Topics
- ['statutory Demand' 'debt' 'genuine Dispute' 'abuse of Process' 'defect in Demand']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under Section 459 G of the Corporations Act 2001 to Set Aside a Statutory Demand / Hearing of Originating Process
Legal Issues
- 1 ['Whether the statutory demand was supported by a debt for the purposes of the Corporations Act 2001.' 'Whether there was some other reason to set aside the demand under s 459J(1)(b) of the Corporations Act as an abuse of process.' 'Whether there was a defect in the demand causing substantial injustice.']
Ratio Decidendi
The demand was based on an alleged claim for illegal conversion and usage of a router, or possibly damages for breach of arrangements between the parties. Such a claim required assessment or quantification of damages and was not a presently owing debt capable of supporting a statutory demand. The demand therefore had to be set aside.
Court Disposition
Statutory demand set aside.
Orders
- ['Orders 1 and 2 in the Originating process.']
Full Case Text
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