Zone v Allards [2003] NSWSC 1161
There is a genuine dispute regarding the debt the subject of the statutory demand, both due to failure to account for credits in calculation and because the demand seeks payment of an amount not constituting a liquidated debt under the contract; the statutory demand is thus to be set aside.
Source-derived case information.
- Parties
- Plaintiff: Zone Product Australia Pty Limited; Defendant: Allards Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 03 December 2003
- Procedural Posture
- Application to Set Aside Statutory Demand / Judgment
- Outcome
- Statutory demand set aside
- Legal Topics
- Statutory Demand, Genuine Dispute, Jurisdiction, Debt Versus Unliquidated Damages
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zone Product Australia Pty Limited
Plaintiff
Allards Pty Limited
Defendant
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Legal Issues
- 1 Is there a genuine dispute regarding the statutory demand issued under s 459G of the Corporations Act?
- 2 Does the claim made constitute a debt or is it for unliquidated damages?
- 3 Was the statutory demand defective or misleading due to the supporting affidavit and annexures?
Ratio Decidendi
There is a genuine dispute regarding the debt the subject of the statutory demand, both due to failure to account for credits in calculation and because the demand seeks payment of an amount not constituting a liquidated debt under the contract; the statutory demand is thus to be set aside.
Court Disposition
Statutory demand set aside
Orders
- Orders A and C in the originating process made
- Exhibits ordered returned
Full Case Text
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