Chris Stackpoole appeared for the respondent, instructed by M Behlau & Associates Pty Ltd.
The judgment concerned a statutory served by the respondent to the applicant claiming it was owed $6,368,054.19 AUD by the applicant. The applicant sought to have the statutory demand set aside on grounds that it is an abuse of process.
The Court held that there was insufficient evidence to establish an abuse of process and that there is no ‘other reason’ why the statutory demand should be set aside. The court ultimately dismissed the applicant’s application and ordered that it will hear the parties on the question of costs.
The judgment can be read by clicking here
