Laila Gampfer v Natural Raw C Pty Ltd

In *Laila Gampfer v Natural Raw C Pty Ltd*, the applicant, Laila Gampfer, sought to set aside a statutory demand issued by the respondent, Natural Raw C Pty Ltd. The dispute concerned whether the applicant had a genuine dispute about the existence of the debt claimed in the statutory demand.

The primary legal issue before the court was whether the applicant had established a sufficient case to demonstrate a "genuine dispute" regarding the debt, as contemplated by section 459H of the *Corporations Act 2001* (Cth). This required the court to assess whether the applicant's grounds for disputing the debt were substantial and arguable, rather than merely vexatious or frivolous.

Justice Nicholas Smith found that the applicant had failed to demonstrate a genuine dispute. The court considered the applicant's contentions that the debt was not yet due and payable and that there were alleged set-off claims. However, the court determined that these claims lacked sufficient evidentiary support and were not sufficiently particularised to raise a real question as to the existence of the debt. The court applied the principles established in cases concerning statutory demands, emphasizing that the applicant must show a *prima facie* case for a dispute, not merely assert one.

The court therefore dismissed the application to set aside the statutory demand.