Walltech Building Systems Limited –v- Nathanial Ira Gerlich [2008] NSWSC 1048

Walltech Building Systems Limited –v- Nathanial Ira Gerlich [2008] NSWSC 1048

The affidavits in support of the statutory demands complied with the requirements of Form 7 and r 5.2(a) by stating the creditor as the source of information and giving an unqualified belief as to the absence of genuine dispute; thus, there was no reason under s 459J(1)(b) to set aside the statutory demands.

Jurisdiction
Australia
Judgment Date
25 August 2008
Procedural Posture
Corporations Application to Set Aside Statutory Demands / Ex Tempore Judgment Application Under S 459 G of Corporations Act 2001
Outcome
Applications to set aside statutory demands dismissed. Statutory Demand in 5883/2008 varied by consent. Costs to defendants except in 5883/2008 where no order as to costs.
Legal Topics
['statutory Demand' 'affidavit Requirements' 'section 459 G/459 J' 'setting Aside Statutory Demand']
['corporations Law'] ['statutory Demand' 'affidavit Requirements' 'section 459 G/459 J' 'setting Aside Statutory Demand']

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Procedural Posture

Corporations Application to Set Aside Statutory Demands / Ex Tempore Judgment Application Under S 459 G of Corporations Act 2001

Legal Issues

  1. 1 ['Whether the affidavits supporting the statutory demands complied with Form 7 and r 5.2(a) of the Supreme Court (Corporations) Rules 1999' "Whether the evidence in the affidavits was inadmissible hearsay and did not identify the source of the deponent's knowledge sufficiently, thereby constituting 'some other reason' to set aside the demand under s 459J(1)(b) of the Corporations Act 2001"]

Ratio Decidendi

The affidavits in support of the statutory demands complied with the requirements of Form 7 and r 5.2(a) by stating the creditor as the source of information and giving an unqualified belief as to the absence of genuine dispute; thus, there was no reason under s 459J(1)(b) to set aside the statutory demands.

Court Disposition

Applications to set aside statutory demands dismissed. Statutory Demand in 5883/2008 varied by consent. Costs to defendants except in 5883/2008 where no order as to costs.

Orders

  • ['The Originating Process in each of the matters is dismissed.' "The plaintiff to pay the defendants' costs in each case." 'In proceedings 5883/2008, the Statutory Demand dated 2 July 2008 is varied to claim $783,803.51, to take effect as and from 2 July 2008.' 'The Originating Process in 5883/2008 is otherwise...