In the matter of Bevic Holdings Pty Limited [2015] NSWSC 732

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bevic Holdings Pty Limited [2015] NSWSC 732 Hearing dates: 26 March 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Originating process dismissed; no order as to costs. Catchwords: CORPORATIONS – creditor's statutory demand – application to set aside statutory demand – genuine dispute as to existence or amount of debt – onus of proof – where company's knowledge of debt limited – analogy with application for summary judgment – 'some other reason' for setting demand aside – agreement, undertaking or estoppel – absence of evidence as to representations founding agreement, undertaking or estoppel.

COSTS – where genuine dispute existed up to service of affidavit – where justifiable to contest proceedings up to service of affidavit but not after – where defendant also made unsuccessful application to adduce expert evidence – held, no order as to costs. Legislation Cited: (Cth) Corporations Act 2001, s 459G, s 459H(1), s 459J(1) (NSW) Evidence Act 1995, s 50 Cases Cited: Crump v Cavendish (1880) 5 Ex D 211 Harrison v Bottenheim (1878) 26 WR 362 Rohalo Pharmaceutical Pty Ltd v RP Scherer SpA (1954) 15 ACSR 347 Rosser v Austral Wine and Spirit Company Pty Ltd [1980] VR 313 Spencer Constructions Pty Ltd v G&M Aldridge Pty Ltd (1997) 24 ACSR 353 Category: Principal judgment Parties: Bevic Holdings Pty Ltd ACN 000 630 277 (plaintiff) Victor Edward Wright (defendant) Representation: Counsel: J Carruthers (plaintiff) R Mansted (defendant)