In the matter of DCA Capital Pty Ltd ACN 629 833 129

The case before the court involved DCA Capital Pty Ltd, a company registered under the Corporations Act 2001, which had issued a statutory demand to another party. The defendant subsequently applied to set aside the statutory demand, raising issues related to the validity and enforceability of the demand. The court was tasked with determining whether there was a genuine dispute with the plaintiff regarding the debt claimed, and if the defendant had provided sufficient evidence to support their application.

The primary legal issue was whether the defendant had met their burden of proof and evidential onus in establishing a genuine dispute with the plaintiff. The court considered the affidavit provided by the defendant and assessed whether it adequately supported the claim that there was a genuine dispute. The court also applied the principles established in Graywinter, which require the defendant to provide sufficient evidence to counter the plaintiff's claim. The court needed to determine if the defendant had discharged this onus.

The court found that the affidavit provided by the defendant was insufficient to support the application for setting aside the statutory demand. The defendant failed to provide adequate evidence to establish a genuine dispute, and thus did not discharge the required evidential onus. The court emphasised that the burden of proof lies with the plaintiff, and if the defendant cannot establish a genuine dispute, the statutory demand should stand. Consequently, the application to set aside the statutory demand was dismissed, and the court ordered the defendant to pay costs associated with the proceedings.

The court's final order was that the application to set aside the statutory demand was dismissed, and the statutory demand remained in effect. The defendant was also ordered to pay the plaintiff's costs associated with the application.