In the matter of Harmon International Holdings Pty Ltd

[2019] NSWSC 413

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Corporations
2. › Winding up
3. › Statutory demand
4. › Genuine dispute about existence of debt
5. › Defendant claims to have been subrogated to mortgagee’s rights on discharge of plaintiff’s mortgage
6. › Plaintiff disputes defendant’s involvement in transaction
7. › Plaintiff disputes entitlement to subrogation
8. › Genuine dispute made out
9. › Demand set aside.
1. Evidence
2. › Hearsay
3. › Transcript of liquidator’s examination
4. › Application of s 591(14) of the Corporations Act 2001 (Cth)
5. › Rule does not exclude admissibility through the Evidence Act 1995 (NSW).
1. Evidence
2. › Hearsay
3. › Applicability of hearsay rule in application to set aside statutory demand
4. › Admissibility of second-hand hearsay
5. › Identification of the fact in issue as the existence of a genuine dispute.
1. Evidence
2. › Inferences
3. › Rule in Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
4. › Applicability of rule in application to set aside statutory demand.