Anozira Pty Ltd v Kathleen Anne Mathews Hunt

[2002] ACTCA 9

ANOZIRA PTY LTD v KATHLEEN ANNE MATHEWS HUNT [2002] ACTCA 9 (12 December 2002)

CATCHWORDS

COMPANY LAW – application to set aside statutory demand – whether genuine dispute as to debt – debt founded on Deed – whether contentions that Deed procured by unconscionable conduct or duress sufficient to raise triable issue.

Corporations Act 2001, s 459G

ON APPEAL FROM THE MASTER OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 5 - 2002
No. SC 300 of 2002

Judges:         Crispin P, Gray and Madgwick JJ
Court of Appeal of the Australian Capital Territory
Date:            12 December 2002

IN THE SUPREME COURT OF THE       )          No. ACTCA 5 - 2002
  )          No. SC 300 of 2002
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM THE MASTER OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ANOZIRA PTY LTD

Appellant

AND:KATHLEEN ANNE MATHEWS HUNT

Respondent

ORDER

Judges:  Crispin P, Gray and Madgwick JJ
Date:  12 December 2002
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs.

IN THE SUPREME COURT OF THE       )          No. ACTCA 5 - 2002
  )          No. SC 300 of 2002
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM THE MASTER OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ANOZIRA PTY LTD

Appellant

AND:KATHLEEN ANNE MATTHEWS HUNT

Respondent

Judges:  Crispin P, Gray and Madgwick JJ
Date:  12 December 2002
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. This is an appeal against a decision of the Master dismissing an application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001.  The demand was made by the respondent on 6 May 2002 for payment of a debt of $60,000 said to be due under a deed of release dated 25 January 2002.  A similar demand was made by her husband, Peter Anthony Urquhart Hunt, for payment of a debt of $90,000 said to be due under the same deed of release.  The appellant applied to have both statutory demands set aside and the applications were heard together.  As the Master observed in his Reasons for Judgment the issues in both cases were common save for the quantum of the debt and the appeals were also heard together.

1. For the reasons given in matter no ACTCA 6 - 2002 for dismissing the appeal against the dismissal of the application to set aside the statutory demand issued by the respondent’s husband, this appeal must also be dismissed.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Date:     12 December 2002

Counsel for the appellant:  Mr B Salmon QC

Solicitor for the appellant:  Wood Fussell

Counsel for the respondent:  Mr B Meagher

Solicitor for the respondent:  Sparke Helmore

Date of hearing:  13 November 2002

Date of judgment:  12 December 2002