Jason McCombie v Naturalking Pty Ltd

In the matter of *Jason McCombie v Naturalking Pty Ltd*, heard in the Supreme Court of Queensland, the applicant, Jason McCombie, sought to set aside a statutory demand issued by the respondent, Naturalking Pty Ltd. The dispute arose from an alleged debt owed by McCombie to Naturalking, which formed the basis of the statutory demand.

The primary legal issue before the Court was whether McCombie had established a genuine dispute regarding the existence of the debt claimed in the statutory demand. This required the Court to consider the nature and substance of the grounds raised by McCombie as evidence of a genuine dispute, and whether those grounds, if proven, would show that the debt was not due or payable.

Justice Thompson found that McCombie had failed to demonstrate a genuine dispute. The Court applied the principles established in cases concerning applications to set aside statutory demands, which require the applicant to show a substantial and not merely a shadowy or fanciful dispute. McCombie's assertions were found to be unsubstantiated and lacking in the necessary particularity to raise a genuine dispute about the debt. The Court was not satisfied that there was a real question to be tried regarding the existence of the debt.

Consequently, the Court dismissed the application to set aside the statutory demand.