Anozira Pty Ltd v Hunt

Anozira Pty Ltd (the applicant) sought to set aside a statutory demand issued by Hunt (the respondent). The debt underpinning the statutory demand was founded on a deed. Anozira contended that the deed was procured by unconscionable conduct.

The primary legal issue before the court was whether there was a genuine dispute as to the existence or amount of the debt claimed in the statutory demand. This required the court to consider Anozira's assertions that the deed was entered into under unconscionable circumstances, which, if established, would give rise to a genuine dispute.

The court found that Anozira's contentions regarding unconscionable conduct did not raise a genuine dispute sufficient to set aside the statutory demand. The court applied the principles governing applications to set aside statutory demands, which require a genuine dispute to be demonstrated, not merely a bare assertion of unconscionability. The court was not satisfied that the alleged unconscionable conduct, as presented, created a real question as to the validity of the debt.

Consequently, the appeal was dismissed with costs.