Raffles Co Pty Ltd v Cech

Raffles Co Pty Ltd sought to set aside a statutory demand issued by Cech. The statutory demand was predicated on a debt allegedly owed by Raffles Co to Cech. The application was made in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether there existed a genuine dispute about the existence or amount of the debt as required by the relevant statutory provisions. An additional issue was whether further grounds in support of the application to set aside the statutory demand could be raised more than 21 days after the statutory demand was made.

The court found that Raffles Co had failed to establish a genuine dispute about the existence or amount of the debt. It held that the evidence provided did not sufficiently challenge the validity of the debt. The court also considered the argument regarding the timeliness of the additional grounds. It found that the additional grounds, which were raised well beyond the 21-day statutory period, were not admissible. The court concluded that the application to set aside the statutory demand was without merit and dismissed the application. The court further ordered that Raffles Co pay Cech's costs of the application, to be assessed on the standard basis.