In the matter of MTL Construction Group Pty Ltd

MTL Construction Group Pty Ltd applied to set aside a statutory demand issued by a creditor, claiming that there was a genuine dispute about the existence or amount of the debt. The creditor, who had previously provided services to MTL, issued the statutory demand pursuant to section 459E of the Corporations Act 2001 (Cth) for the sum of $169,994.51. The dispute centred on whether there was a genuine dispute about the existence or amount of the debt as required by section 459J of the Corporations Act.

The court examined the evidence presented by both parties, including the terms of the contract, the services rendered, and the amounts invoiced. The court noted that the primary dispute was over whether certain services had been performed and whether the invoiced amounts were accurate. The court considered the burden of proof on the applicant, which required it to establish that there was a genuine dispute about the debt on the balance of probabilities. The court examined the credibility of the witnesses and the documentary evidence provided.

The court found that the applicant had failed to establish a genuine dispute about the existence or amount of the debt. The court found that the evidence supported the creditor's claim that the services had been performed and the amounts invoiced were accurate. The court noted that the applicant had not provided any credible evidence to challenge the creditor's claim. The court dismissed the application to set aside the statutory demand.

The court ordered that MTL Construction Group Pty Ltd pay the creditor's costs of the application.