Anozira Pty Ltd v Kathleen Anne Mathews Hunt

The appeal concerned an application by Anozira Pty Ltd to set aside a statutory demand issued by Kathleen Anne Mathews Hunt. The demand was for $60,000, purportedly due under a deed of release dated 25 January 2002. The appellant's application to set aside this demand, along with a similar application concerning a demand from the respondent's husband, were heard together by the Master of the Supreme Court of the Australian Capital Territory, who dismissed both applications. The appeal was brought before the Court of Appeal of the Australian Capital Territory.

The central legal issue before the Court of Appeal was whether the appellant had raised a "genuine dispute" as to the existence of the debt, as required by section 459G of the Corporations Act 2001, to justify setting aside the statutory demand. Specifically, the court had to consider whether the appellant's contentions that the deed of release was procured by unconscionable conduct or duress were sufficient to establish a triable issue regarding the debt.

The Court of Appeal dismissed the appeal, adopting the reasoning from a related appeal (ACTCA 6-2002). While the specific reasoning from that related judgment is not detailed in this extract, the outcome indicates that the court found the appellant's arguments regarding unconscionable conduct or duress were not sufficient to demonstrate a genuine dispute about the debt for the purposes of section 459G of the Corporations Act 2001. Consequently, the appeal against the Master's dismissal of the application to set aside the statutory demand was dismissed.