Inntech Pty Ltd v Pointpal Holdings Pty Ltd

Inntech Pty Ltd (the applicant) sought to set aside a statutory demand issued by Pointpal Holdings Pty Ltd (the respondent). The dispute concerned whether Inntech was indebted to Pointpal in the amount claimed in the statutory demand.

The primary legal issue before the court was whether there was a genuine dispute about the existence of the debt. This required the court to consider whether Inntech had raised sufficient evidence to demonstrate a substantial question of fact or law that ought to be tried.

The court found that Inntech had failed to establish a genuine dispute. It reasoned that the evidence presented by Inntech did not raise a real question of fact or law that required determination. The alleged grounds for dispute, relating to alleged breaches of contract and misrepresentations by Pointpal, were considered by the court to be unsubstantiated and lacking in credible evidence. The court applied the principles established in *Scurrent Pty Ltd v. K.C. Holdings Pty Ltd* and *Hale v.. J.A. & R.E. Smith Pty Ltd*, which require a genuine dispute to be more than a mere assertion and to have some substance.

Consequently, the court dismissed Inntech's application to set aside the statutory demand.