Lionize Agency Pty Ltd v FiveStones Australia Pty Ltd [2022] NSWSC 1138

Supreme Court New South Wales

Medium Neutral Citation: Lionize Agency Pty Ltd v FiveStones Australia Pty Ltd [2022] NSWSC 1138 Hearing dates: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Equity - Corporations List Before: Hammerschlag CJ in Eq Decision: Amended Originating Process is dismissed with costs Catchwords: CORPORATIONS – statutory demand – application by plaintiff to set aside the defendant's statutory demand under s 459G of the Corporations Act 2001 (Cth) (the Act) – where plaintiff argues that the demand should be set aside because an alternative dispute resolution provision in their contract precluded the defendant from issuing it – where the plaintiff did not raise this issue in its primary material in support of its originating process – whether plaintiff has raised a genuine dispute about the existence or amount of debt which is claimed under the statutory demand – requirements for genuine dispute – genuine dispute not established – HELD – proceedings dismissed with costs Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Solarite Airconditioning Pty Ltd v York International Australia Pty Ltd [2002] NSWSC 411 Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 76 FCR 452 Category: Procedural rulings Parties: Lionize Agency Pty Ltd - Plaintiff Fivestones Australia Pty Ltd - Defendant Representation: Counsel: B Nolan - Plaintiff D O'Connor - Defendant

Solicitors: Green & Associates - Plaintiff Accuro Maxwell - Defendant File Number(s): 2022/136130