Re Shanefield P/L

In the matter of Shanefield Pty Ltd, an application was brought under section 459G of the Corporations Law to set aside a statutory notice. The respondent objected to the application on the basis that the supporting affidavit was defective. The applicant argued that the affidavit was sufficient in detailing the defence or set-off upon which the notice was contested.

The court considered the requirements of a supporting affidavit in a genuine dispute case, which must disclose facts showing there is a genuine dispute between the parties. The court noted that despite conflicts between the affidavit and a letter exhibited to it, the affidavit and letter together showed that there was a substantial, genuine dispute between the parties. The affidavit identified the grounds of the counter-claim or set-off and a defence that the amount claimed by the respondent was not payable because the relevant work had not been done.

The court held that the criticisms of the supporting affidavit did not defeat its basic sufficiency, though it was close to the borderline. The court overruled the preliminary objection and adjourned the application for further hearing on the permissible grounds.