Aluminium Fast Ferries Australia P/L v Marine Construction and Maintenance P/L

Aluminium Fast Ferries Australia P/L (AFF) brought an application to set aside a statutory demand served by Marine Construction and Maintenance P/L (MCM). The dispute arose under the Corporations Law, specifically concerning the validity of the statutory demand issued by MCM. The matter was heard in the Supreme Court of Queensland before Justice Wilson. The central issue in the case was whether the statutory demand issued by MCM to AFF was valid and whether AFF had a genuine dispute with MCM that warranted the setting aside of the demand.

The court needed to determine if the statutory demand complied with the requirements of the Corporations Law, specifically whether it was accompanied by an affidavit as required by section 459H of the Corporations Law. The court also had to consider whether there was a genuine dispute between the parties that would justify setting aside the demand. The court examined relevant case law, including Victor Tunevitsch Pty Ltd v Farrow Mortgage Services Pty Ltd, Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd, and Re Morris Catering (Australia) Pty Ltd, to guide its decision.

Justice Wilson found that the statutory demand served by MCM was not accompanied by an affidavit, which is a mandatory requirement under the Corporations Law. Additionally, AFF demonstrated a genuine dispute over the debt claimed by MCM. Consequently, the court ruled that the statutory demand was invalid and ordered it to be set aside. The respondent, MCM, was also ordered to pay the applicant’s costs of and incidental to the application, to be taxed.