Robb Evans of Robb Evans and Associates v European Bank Limited

Robb Evans and Associates (the applicant) sought to set aside a statutory demand issued by European Bank Limited (the respondent). The dispute concerned whether the applicant had a genuine dispute about the existence of the debt claimed by the respondent.

The primary legal issue before the High Court of Australia was whether the applicant had established a sufficient evidentiary basis to demonstrate a "genuine dispute" regarding the debt, as required by the Corporations Act 2001 (Cth) to set aside a statutory demand. This involved considering the nature of the evidence required to raise a dispute that was not merely fanciful or vexatious.

The High Court held that the applicant had failed to demonstrate a genuine dispute. The Court reiterated that to establish a genuine dispute, a party must show that there is a real question as to the existence of the debt, based on evidence that is credible and raises a real prospect of success. Mere assertions or unsubstantiated claims are insufficient. The applicant's submissions did not meet this threshold, as they did not present any credible evidence to controvert the respondent's claim.

The application to set aside the statutory demand was dismissed.