Australia and New Zealand Banking Group Limited v Thomson

In the case of Australia and New Zealand Banking Group Limited v Thomson, the applicant sought to set aside a statutory demand served by the respondent. The statutory demand, issued under section 459E of the Corporations Act 2001, sought various sums exceeding two million dollars. The applicant filed an application to set aside the statutory demand in August 2019, which was later adjourned pending the outcome of a complaint made by the respondent to the Australian Financial Complaints Authority. The respondent disputed the solvency of the applicant and raised issues about the validity of the application due to a typographic error and alleged defects in the supporting affidavits. The respondent also sought the recusal of the judge on grounds of bias.

The court was required to determine whether the typographic error in the application form affected its validity, whether a genuine dispute existed between the parties, and whether the statutory demand should be set aside under sections 459H and 459J(1)(b) of the Corporations Act. Additionally, the court had to assess if the alleged defects in the affidavits constituted irregularities of form that could affect the court's jurisdiction under section 459G of the Corporations Act. The court also needed to decide whether the respondent's self-representation warranted any specific considerations and if the judge should recuse herself on grounds of bias.

The court found that the typographic error in the application form did not affect its validity and that a genuine dispute existed between the parties. The affidavits, despite some defects, were deemed compliant under section 459G(3)(b) of the Corporations Act, and thus did not constitute jurisdictional issues. The court refused the respondent's application to recuse the judge, holding that there was no reasonable apprehension of bias. Consequently, the statutory demand was set aside pursuant to section 459H of the Corporations Act. The court granted leave for the applicant to rely on a specific affidavit in evidence and directed that costs be addressed in further submissions from the parties.