Alliance Accounting and Business Consultants Pty Ltd v Australian Property Investment and Development Pty Ltd [2007] NSWSC 775 — Winding Up & Costs — Barrister AI
Alliance Accounting and Business Consultants Pty Ltd v Australian Property Investment and Development Pty Ltd
› Application for order setting aside under s 459G of the Corporations Act 2001 (Cth)
› Where there is a genuine dispute about the existence of debt
› Offsetting claim
› Demand issued for arrears of rent due to defendant where plaintiff has seriously arguable claim against defendant for breach of lease covenants, damages for which would exceed admitted total
› Order that statutory demand be set aside.
Procedure
› Costs
› Departing from the general rule
› Order for costs on indemnity basis
› Where defendant unreasonably persisted in claim
› Where it ought to have been apparent that there was a genuine dispute as to the debts claimed
› Order that defendant pay costs of hearing on indemnity basis.
Case Details
Citation[2007] NSWSC 775
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
