Re Peregrine Development Co Pty Ltd

Peregrine Development Co Pty Ltd sought to set aside a statutory demand served by Ryder Hampton Pty Ltd, which demanded payment of $30,680.88. The applicant argued there was a genuine dispute regarding the claimed debt. The nature of the dispute involved whether the applicant was genuinely disputing the debt owed to Ryder Hampton Pty Ltd for services rendered.

The legal issues before the court included determining if there was a genuine dispute about the debt claimed, and if the applicant was entitled to have the statutory demand set aside under sections 459G and 459H of the Corporations Law. The court was required to assess the position between the parties and ascertain if there was a genuine dispute.

The court found that the applicant’s arguments were unconvincing. Mr Emanouel, a director of the applicant, provided a brief affidavit denying the debt and claiming there was no written agreement evidencing the claimed debt. However, the court noted that the contract did not need to be in writing and the applicant itself accepted the existence of a contract. Additionally, the applicant had not previously disputed the debt before the statutory demand was served. The court held that there was no genuine dispute as the applicant had not provided a plausible contention to challenge the respondent's claim.

The court dismissed the application and ordered the applicant to pay the respondent's costs. The reasoning was based on the lack of a genuine dispute and the applicant's failure to provide a plausible contention to counter the respondent's claim.