Errichetti Holdings Pty Ltd v Western Plaza Hotel Corporation Pty Ltd

In Errichetti Holdings Pty Ltd v Western Plaza Hotel Corporation Pty Ltd, the Supreme Court of Western Australia was asked to decide whether statutory demands served on Errichetti Holdings Pty Ltd and Errichetti Nominees Pty Ltd could be set aside. The defendants, Western Plaza Hotel Corporation Pty Ltd and Brockwell Hospitality Investments Pty Ltd, sought to enforce statutory demands based on a Deed of Indemnity and Release executed by the plaintiffs. The plaintiffs claimed the Deed was not binding as it was not executed by a duly appointed director of either company. The court found that there was a genuine dispute as to the plaintiffs' liability under the Deed, primarily due to the forgery of signatures and the invalid re-appointment of Peter Errichetti as a director. The court concluded that the defendants' knowledge or suspicion of these issues gave rise to a genuine dispute, allowing the statutory demands to be set aside.