A claim of an oral agreement to release a debtor from liability will not constitute a genuine dispute for the purposes of s 459H of the Corporations Act 2001 where the claim is inherently improbable, unsupported by contemporaneous documentation, and contradicted by contemporaneous documents signed by the debtor's own representatives. The commercial implausibility of a fully secured lender releasing substantial security for a fraction of the secured debt is a relevant factor in assessing inherent improbability.
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