The Court set aside a statutory demand for unpaid tolls and toll notice fees on the basis that a genuine dispute existed as to at least $404 of the claimed $2,403.52 debt, reducing the substantiated amount below the $2,000 statutory minimum. However, exercising the power under s 459M, the Court imposed a condition requiring the plaintiff to pay $2,000 into court if the defendant commenced debt recovery proceedings, reflecting the Court's significant doubt that the dispute would ultimately be resolved in the plaintiff's favour on the quality of the evidence presented.
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