Passion Projects (Allyouneedislove) Pty Ltd v Concept Moulding Pty Ltd

Passion Projects (Allyouneedislove) Pty Ltd (the applicant) sought leave to appeal from a decision of the primary judge who had refused to set aside a statutory demand issued by Concept Moulding Pty Ltd (the respondent). The applicant contended that there was a genuine dispute about the existence of the debt claimed in the statutory demand, or that there was some other reason why the demand should be set aside.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing to set aside the statutory demand. This required the Court to consider whether the applicant had demonstrated a reasonably clear injustice, or whether there was a question of general principle involved, which would warrant granting leave to appeal.

McColl and Leeming JJA found that no question of general principle arose for determination. They concluded that the applicant had not shown a reasonably clear injustice, which is the threshold for granting leave to appeal in such circumstances. Accordingly, the Court refused the summons for leave to appeal.

The summons for leave to appeal was refused, with costs awarded to the respondent.