Apex Minerals NL v Ashley

Apex Minerals NL brought a statutory demand against Ashley for payment of a debt. The dispute centered on whether there was a genuine dispute as to the prohibited termination payments made to Ashley, and whether there were alleged variations to his employment contract. The court was required to decide whether the statutory demand was valid and if there was a genuine dispute over the debt, which could prevent the demand from being enforceable.

The court examined the evidence provided by both parties and considered whether there was a genuine dispute about the prohibited termination payments. It also assessed whether there were any variations to Ashley's employment contract that could affect the validity of the statutory demand. The court found that there was a genuine dispute regarding the termination payments and that there were alleged variations to the employment contract. Consequently, the court concluded that the statutory demand was invalid as there was a genuine dispute over the debt.

The court allowed the application for leave to appeal and the appeal. The court found that the statutory demand was not valid due to the genuine dispute regarding the prohibited termination payments and the alleged variations to the employment contract. The decision was made in favour of Ashley, and the statutory demand was deemed unenforceable.