29 Jun 2023
Because registered mortgages will absorb the net sale proceeds such that the respondent's claimed interest would not be secured by the caveat, and because the balance of convenience favoured permitting settlement to avoid significant loss to the applicant, the court ordered removal of the caveat to allow settlement to proceed; costs reserved.
25 Mar 2020
There was an arguable construction contract for the remedial work, but the invoice serving as a payment claim failed to comply with the mandatory s 20(3)/(4) requirements and prescribed Form 1 in material respects (notably absence of the due date, process for responding, scheduled amount procedure and advice on legal consultation). The omissions were fundamental, giving rise to a genuine and substantial dispute as to the debt, and therefore the statutory demand was to be set aside under s 290.
10 Feb 2010
The statutory demand was set aside because the applicant established a fairly arguable and substantial dispute about entitlement to the sums claimed (including entitlement to retention monies) and showed a fairly arguable counterclaim that could exceed the demand; although a statutory demand may constitute an "action" for limitation purposes, the decisive ground was the genuine dispute and counterclaim under s290(4)(a) and (b).