NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Cat and Dog Hotel Pty Ltd [2023] NSWSC 628 Hearing dates: 5 June 2023 Date of orders: 5 June 2023 Decision date: 05 June 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Creditor's statutory demand is set aside, with the Defendant to pay the costs of the proceedings Catchwords: CORPORATIONS - Statutory demand - Application to set aside creditor's statutory demand - Whether there is a genuine dispute about the existence or amount of the debt - Whether it is open to the defendant to support the statutory demand on a basis other than that referred to in the demand and accompanying affidavit Legislation Cited: Conveyancing Act 1919 (NSW), s 12 Corporations Act 2001 (Cth), 459H, 459J Cases Cited: - Britten-Norman Pty Ltd v Analysis & Technology Australia Pty Ltd (2013) 85 NSWLR 601; [2013] NSWCA 344 - Paneltech Industries (Aust) Pty Ltd v Australian Skyreach Equipment Pty Ltd (No 2) [2003] NSWSC 896 - Re Mark Attard and others trading under the partnership name of Colin Biggers & Paisley (2013) 96 ACSR 581; [2013] NSWSC 1579 - Re PSR Refining Services Pty Ltd [2023] NSWSC 243 Category: Principal judgment Parties: Cat and Dog Hotel Pty Limited (Plaintiff) Wayne Fraser (Defendant) Representation: Counsel: A Fernon SC (Plaintiff)
Solicitors: Enright Law Group Pty Ltd (Plaintiff) W Fraser (self-represented) File Number(s): 2022/320364
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