Allegran Holdings France SAS

Allegran Holdings France SAS (the applicant) sought to set aside a statutory demand issued by the respondent, a company incorporated in Australia. The dispute concerned whether the applicant was indebted to the respondent in the amount claimed in the statutory demand. The application was heard in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether there was a genuine dispute about the existence of the debt claimed in the statutory demand. This required the Court to consider the nature of the applicant's alleged indebtedness and the evidence presented by both parties to support or refute the existence of a genuine dispute.

Justice Robert Wilson found that the applicant had failed to demonstrate a genuine dispute regarding the debt. The Court applied the principles established in cases concerning statutory demands, which require a respondent to show a substantial and not merely a shadowy or fanciful dispute. The applicant's submissions did not raise a triable issue or a real question as to the existence of the debt, and therefore, the Court was not satisfied that a genuine dispute existed.

The Court ordered that the application to set aside the statutory demand be dismissed.