Anobis Pty Ltd v Magoffin

Anobis Pty Ltd was served with a statutory demand by Magoffin, the vendor of the Abbott Street property. Anobis, the purchaser, argued that the amount owing under a deed of rescission should be set aside as it was a penalty. Anobis further argued that there was a waiver of the debt by Magoffin and that there was misrepresentation in the property transaction. Anobis sought to set aside the statutory demand on the basis that there was a genuine dispute as to the amount owing.

The central issue for the court was whether Anobis had a genuine dispute as to the amount owing under the deed of rescission. The court considered whether there was a reasonable view of the facts that the amount was a penalty, and whether there was a waiver or misrepresentation. The court found that there was a genuine dispute as to the amount owing, and that the statutory demand should be set aside.

The court found that Anobis had put forward a reasonable view of the facts that the amount owing under the deed was a penalty. The court also found that there was a genuine dispute as to whether the amount was owing, as there was evidence of misrepresentation and waiver by Magoffin. The court held that the statutory demand should be set aside as there was a genuine dispute as to the amount owing.

The court ordered that the respondent’s statutory demand to the applicant dated 4 April 2017 be set aside. The court further ordered that the respondent pay the applicant’s costs of and incidental to the application on the standard basis.