In the matter of Ligon 158 Pty Limited; In the matter of 12 Years Juice Foods Australia Pty Limited [2016] NSWSC 652

In the matter of Ligon 158 Pty Limited; In the matter of 12 Years Juice Foods Australia Pty Limited [2016] NSWSC 652

For Ligon 158 Pty Ltd, the asserted dispute was not genuine: it was implausible that Ms Huber donated her $410,000 savings as a non-repayable contribution, the transaction was recorded for years in Ligon 158's books as a loan, the books were only corrected after the dispute arose, the initial response to the first demand asserted repayment rather than a non-repayable contribution, and the text messages were inconsistent with Andrew Binetter's version. For 12 Years Juice Foods Australia Pty Ltd, there was a genuine dispute because contemporaneous entries in Ligon 158's books and evidence from the accountant supported an arguable case that the true borrower was Ligon 158 and that the money...

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Applications Under (cth) Corporations Act 2001, S 459 G to Set Aside Creditors' Statutory Demands / Principal Judgment Ex Tempore After Hearing
Outcome
In proceedings 2015/254776 the originating process was dismissed with costs. In proceedings 2015/245329 the creditor's statutory demand was set aside with costs.
Legal Topics
['winding Up in Insolvency' "creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'genuine Dispute as to Existence of Debt']
['corporations' 'insolvency'] ['winding Up in Insolvency' "creditor's Statutory Demand" 'application to Set Aside Statutory Demand' 'genuine Dispute as to Existence of Debt']

Case Brief

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Procedural Posture

Applications Under (cth) Corporations Act 2001, S 459 G to Set Aside Creditors' Statutory Demands / Principal Judgment Ex Tempore After Hearing

Legal Issues

  1. 1 ['Whether there was a genuine dispute as to the existence of the $410,000 debt claimed by Deborah Huber against Ligon 158 Pty Ltd.' 'Whether there was a genuine dispute as to the existence of the $200,000 debt claimed by Ronald Binetter against 12 Years Juice Foods Australia Pty Ltd.']

Ratio Decidendi

For Ligon 158 Pty Ltd, the asserted dispute was not genuine: it was implausible that Ms Huber donated her $410,000 savings as a non-repayable contribution, the transaction was recorded for years in Ligon 158's books as a loan, the books were only corrected after the dispute arose, the initial response to the first demand asserted repayment rather than a non-repayable contribution, and the text messages were inconsistent with Andrew Binetter's version. For 12 Years Juice Foods Australia Pty Ltd, there was a genuine dispute because contemporaneous entries in Ligon 158's books and evidence from the accountant supported an arguable case that the true borrower was Ligon 158 and that the money...

Court Disposition

In proceedings 2015/254776 the originating process was dismissed with costs. In proceedings 2015/245329 the creditor's statutory demand was set aside with costs.

Orders

  • ['In proceedings 2015/254776, the originating process be dismissed.' "In proceedings 2015/254776, the plaintiff pay the defendant's costs." 'In proceedings 2015/245329, the statutory demand dated 31 July 2015 served by the defendant Ronald Binetter on the plaintiff 12 Years Juice Foods Australia Pty Ltd be set...