Eatertainment Group Pty Ltd v Curtis Family Developments Pty Ltd

[2025] VSCA 193

Victorian Court of Appeal

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Interrogate

Catchwords

1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Offsetting claim
5. › Whether applicant established plausible contention requiring investigation
6. › Whether offsetting claim merely constructed in response to statutory demand
7. › Corporations Act 2001 (Cth), ss 459G, 459H
1. Corporations
2. › Statutory demand
3. › Application to set aside
4. › Offsetting claim
5. › Assessment of evidence
6. › Whether court obliged to accept uncritically every statement in affidavit
7. › Relevance of contemporaneous documents inconsistent with claimed representations
1. Practice and Procedure
2. › Leave to appeal
3. › Statutory demand
4. › Whether judge reached correct outcome
5. › Standard of review
1. Practice and Procedure
2. › Representation of company
3. › Leave for director to represent company
4. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 1.17(1), 2.04(1)

Quick Take

An offsetting claim raised for the first time in response to a second statutory demand, where the same debt was the subject of earlier proceedings in which the claim was not mentioned, and which is inconsistent with contemporaneous documents and settlement conduct, will be treated as merely constructed in response to the demand and lacking plausibility.