BASHOUR v Australia and New Zealand Banking Group Ltd

In *Bashour v Australia and New Zealand Banking Group Ltd*, the applicant, Mr Bashour, sought to set aside a statutory demand issued by Australia and New Zealand Banking Group Ltd (ANZ). The dispute concerned whether Mr Bashour had a genuine dispute about the existence of the debt claimed by ANZ in the statutory demand. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Mr Bashour had established a sufficient basis to demonstrate a "genuine dispute" regarding the debt owed to ANZ, as contemplated by section 459H of the *Corporations Act 2001* (Cth). This required the Court to consider whether the grounds raised by Mr Bashour constituted a substantial and not merely a shadowy or fanciful dispute.

Judge Riley found that Mr Bashour had failed to establish a genuine dispute. The Court considered the evidence presented by both parties and concluded that the grounds of dispute raised by Mr Bashour were not substantial and did not raise a real question of fact or law that could be the subject of a defence to the claim for the debt. The Court applied the principles established in case law regarding the threshold for demonstrating a genuine dispute, emphasizing that mere assertions or unsubstantiated claims are insufficient.

The Court therefore dismissed Mr Bashour's application to set aside the statutory demand.