Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aussie Hoist Property Pty Ltd v Mulqueen [2018] FCA 1493 File number: NSD 408 of 2018
Judge: GRIFFITHS J
Date of judgment: 4 October 2018
Catchwords: CORPORATIONS – application to set aside statutory demand – where the defendant loaned money to the plaintiff pursuant to an oral loan agreement – whether there is a genuine dispute as to the existence or amount of a debt – whether there is a genuine dispute about the alleged term of the oral loan agreement as to whether the loan is repayable on call – Held: application dismissed, with costs EVIDENCE – admissibility of evidence in the context of an application to set aside a statutory demand on the basis that there is a genuine dispute about the existence of a debt – whether the plaintiff adduced sufficient admissible evidence to establish that it had a plausible contention which required investigation as to the alleged term of the oral loan agreement concerning repayment
Legislation: Corporations Act 2001 (Cth), ss 459G, 459H, s 459J Evidence Act 1995 (Cth), s 135
Cases cited: Argyll Park Thoroughbreds Pty Ltd v Glen Pacific Pty Ltd (rec and mgr apptd) [1993] FCA 464; 11 ACSR 1 Bailes v Modern Amusements Pty Ltd [1964] VR 436 Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd [2013] NSWCA 344; 85 NSWLR 601 Central City Pty Ltd v Montevento Holdings Pty Ltd [2011] WASCA 5 Citation Resources Ltd v IBT Holdings Pty Ltd [2016] FCA 1265 Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785 Chadwick Industries (South Coast) Pty Ltd v Condensing Vaporisers Pty Ltd (1994) 13 ACSR 37 Spacorp Australia Pty Ltd v Myers Stores Ltd [2001] VSCA 89; 19 ACLC 1270 First Equilibrium Pty Limited v Bluestone Property Services Pty Limited (in liq) [2013] FCAFC 108 Geoffrey W Hill & Associates v King (1992) 27 NSWLR 228 GoConnect Ltd v Sino Strategic International Ltd (in liq) [2016] VSCA 315 Graywinter Properties Pty Ltd v Gas & Fuel Corporation Superannuation Fund [1996] FCA 822; 70 FCR 452 John Holland Construction & Engineering Pty Ltd v Kilpatrick Green Pty Ltd (1994) 14 ACSR 250 MNWA Pty Ltd v Deputy Commissioner of Taxation [2016] FCAFC 154; 250 FCR 381 Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd (in liq) [2004] NSWSC 527; 185 FLR 130 Universal Greening Pty Ltd v Sabine [1999] FCA 529; 17 ACLC 880
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