Homeward Bound Export Cherry Project Pty Ltd v Farm Working Hands Pty Ltd

Homeward Bound Export Cherry Project Pty Ltd (the applicant) sought leave to appeal from an order of the Supreme Court of New South Wales which refused to set aside a statutory demand issued by Farm Working Hands Pty Ltd (the respondent). The dispute concerned whether there was a genuine dispute about the existence of the debt claimed in the statutory demand.

The primary legal issue before the Court of Appeal was whether the primary judge erred in finding that there was no sufficient ground to set aside the statutory demand. This involved considering whether the applicant had demonstrated a genuine dispute about the debt, or alternatively, that there was a substantial question of law or fact to be tried, or some other reason why the demand ought to be set aside.

The Court of Appeal found that the primary judge had correctly assessed the evidence and that no sufficient ground of error had been identified to warrant setting aside the statutory demand. While a minor adjustment was made to the amount of the debt, this did not amount to a substantial question of principle or a clear error justifying interference with the primary judge's decision. The Court therefore dismissed the application for leave to appeal and the notice of appeal.