In the matter of Veysel's International Import & Export Pty Ltd [2013] NSWSC 813

In the matter of Veysel's International Import & Export Pty Ltd [2013] NSWSC 813

There was a genuine dispute as to the existence and amount of the debt and the validity of the assignment, which justified setting aside the statutory demand; the defendant acted unreasonably in persisting with the statutory demand in these circumstances, warranting an indemnity costs order.

Jurisdiction
Australia
Judgment Date
06 June 2013
Procedural Posture
Application to Set Aside Statutory Demand / Final Judgment
Outcome
Statutory demand set aside.
Legal Topics
['winding Up' 'statutory Demands' 'application to Set Aside Statutory Demand' 'genuine Dispute' 'assignment of Debt' 'costs' 'indemnity Costs' 'calderbank Offer']
['corporations'] ['winding Up' 'statutory Demands' 'application to Set Aside Statutory Demand' 'genuine Dispute' 'assignment of Debt' 'costs' 'indemnity Costs' 'calderbank Offer']

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Procedural Posture

Application to Set Aside Statutory Demand / Final Judgment

Legal Issues

  1. 1 ['Whether there is a genuine dispute about the existence or amount of the debt to which the statutory demand relates' 'Whether the assignment of the debt was valid' 'Whether indemnity costs should be awarded']

Ratio Decidendi

There was a genuine dispute as to the existence and amount of the debt and the validity of the assignment, which justified setting aside the statutory demand; the defendant acted unreasonably in persisting with the statutory demand in these circumstances, warranting an indemnity costs order.

Court Disposition

Statutory demand set aside.

Orders

  • ['The statutory demand dated 13 March 2013 served by the defendant on the plaintiff be set aside.' "The defendant pay the plaintiff's costs of the proceedings on the indemnity basis."]