Re Ox Operations Pty Ltd

The case of Re Ox Operations Pty Ltd involved the defendant, Ox Operations, and the liquidator of LMPD, who sought to enforce a statutory demand for payment of a debt. The matter was heard in the Federal Court of Australia. The primary issue before the court was whether the statutory demand could be set aside by Ox Operations under sections 459G and 459H of the Corporations Act 2001 (Cth). The court had to determine whether a genuine dispute existed between the parties regarding the existence or amount of the debt to which the statutory demand related.

The court found that a genuine dispute existed if it was bona fide and truly existed in fact. The court had to assess the affidavits filed by Ox Operations to determine if they deposed to facts that would lead to the conclusion that a genuine dispute existed. The court emphasised that it was not to resolve contested questions of fact or determine the merits of the dispute, but rather to assess whether the facts deposed to in the affidavits supported the existence of a genuine dispute. After reviewing the affidavits, the court found that Ox Operations had not established a genuine dispute, and thus, the statutory demand could not be set aside.

As a result, the court dismissed the notice of motion filed by Ox Operations. The court ordered that Ox Operations pay the costs of the proceeding to the liquidator of LMPD, to be taxed in default of agreement.