Endeva Pty Ltd.

Endeva Pty Ltd was the applicant in proceedings before the Supreme Court of New South Wales, seeking to set aside a statutory demand issued by the respondent, a creditor. The dispute arose from an alleged debt owed by Endeva Pty Ltd to the creditor, which Endeva Pty Ltd claimed was not a genuine debt.

The primary legal issue before the Court was whether Endeva Pty Ltd had established sufficient grounds to set aside the statutory demand. This required the Court to consider whether there was a genuine dispute about the existence or amount of the debt, or whether Endeva Pty Ltd had a counterclaim, set-off, or claim of entitlement to have the amount of the debt reduced.

Justice Irgang found that Endeva Pty Ltd had failed to demonstrate a genuine dispute regarding the debt. The Court applied the principles established in cases concerning statutory demands, which require a party seeking to set aside a demand to show that the debt is genuinely disputed on substantial grounds. Mere assertions of dispute without supporting evidence were insufficient.

The Court therefore dismissed Endeva Pty Ltd's application to set aside the statutory demand.