Turner Corporation (WA) Pty Ltd v Blackburne & Dixon Pty Ltd

[1999] WASCA 294

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Statutory demands
3. › Application to set aside statutory demand
4. › Genuine dispute
5. › Whether genuine dispute as to existence or amount of debt
6. › Test to be applied
7. › Whether 'serious question to be tried' or 'arguable case'
8. › Corporations Law, ss 459G, 459H
1. Corporations
2. › Statutory demands
3. › Application to set aside statutory demand
4. › Offsetting claim
5. › Calculation of substantiated amount
6. › Whether substantiated amount less than statutory minimum
7. › Corporations Law, s 459H(2), (3)
1. Corporations
2. › Statutory demands
3. › Application to set aside statutory demand
4. › Evidence
5. › Sufficiency of evidence to establish genuine dispute
6. › Whether evidence capable of supporting claim that agreement existed as to disbursement of loan funds

Quick Take

The test for 'genuine dispute' under s 459H(1)(a) of the Corporations Law requires the court to undertake an investigation raising the same considerations as the 'serious question to be tried' criterion in interlocutory injunction applications. The applicant must show the dispute is bona fide and truly exists in fact, and that the grounds are real and not spurious, hypothetical, illusory or misconceived. The court is not required to undertake an extended inquiry or weigh the merits of the dispute; the applicant need only show evidence establishing a genuine dispute, not satisfy the court as to the merits of its claim.