Westpoint Management Pty Ltd v Goakes

[2002] WASCA 317

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Statutory demand
3. › Application to set aside
4. › Affidavit in support
5. › Whether affidavit demonstrating genuine dispute was adequate
6. › Hearsay evidence
7. › Rules of the Supreme Court 1971 (WA), O 37 r 6
1. Evidence
2. › Affidavits
3. › Hearsay
4. › Requirement to state sources of information and belief
5. › Final versus interlocutory proceedings
6. › Rules of the Supreme Court 1971 (WA), O 37 r 6
1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Genuine dispute
5. › Minimum requirements for supporting affidavit
6. › Whether affidavit complying with pleading standard must still comply with rules of evidence

Quick Take

An affidavit relied upon to demonstrate a genuine dispute in opposition to a statutory demand must comply with O 37 r 6 of the Rules of the Supreme Court 1971 (WA) where no other evidence is available, even though such an affidavit may read like a pleading. The mere fact that a deponent is a director of a company does not give rise to an inference of personal knowledge of the matters deposed to. The question whether hearsay is ever allowable in statutory demand applications was left open by McKechnie J.