In the matter of Horizons (Asia) Pty Ltd

The parties involved in this matter were Horizons (Asia) Pty Ltd, the applicant, and the respondent, who was not named in the summary. The applicant, Horizons, sought to set aside a statutory demand made by the respondent. This case was heard and determined by the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the applicant's application to set aside the statutory demand was made out of time, and if so, whether this rendered the respondent's bills not due and payable in accordance with the terms of the contract.

The court had to determine if the applicant's application to set aside the statutory demand was made out of time, which would impact the respondent's right to have their bills deemed due and payable. Additionally, the court needed to consider the principles established in the case of Graywinter v Victoria, which set out the criteria for setting aside a statutory demand. The court also had to examine whether the applicant's failure to cross-examine the respondent's witness affected the outcome of the case.

The court found that the applicant's application to set aside the statutory demand was indeed made out of time, which resulted in the respondent's bills being deemed due and payable in accordance with the contract. The court applied the principles established in the case of Graywinter v Victoria, and found that the applicant's failure to cross-examine the respondent's witness did not impact the outcome of the case. Consequently, the court dismissed the applicant's application to set aside the statutory demand. As a result, the respondent was entitled to have their bills deemed due and payable, and the applicant was ordered to pay the respondent's costs of the application.