Six Appeal Pty Ltd v. Medical Corporation Australia Ltd (Receivers & Managers appointed) (in Liq)

Six Appeal Pty Ltd sought to have a statutory demand set aside that had been served by Medical Corporation Australia Ltd, which was in liquidation. The statutory demand was for payment of a debt, and the application was made under section 459H of the Corporations Act 2001. The primary dispute was whether there was a genuine dispute as to the existence or amount of the debt, which was a necessary condition to set aside the statutory demand.

The court was required to determine whether there was a genuine dispute as to the existence or amount of the debt. This involved examining the evidence and arguments presented by both parties to ascertain whether a real and substantial doubt existed about the debt's existence or amount. The court considered the principles established in previous cases such as Re Spectrum Plus Ltd and the onus of proof on the party seeking to set aside the demand.

The court found that there was indeed a genuine dispute regarding the amount of the debt, as the evidence presented by Six Appeal Pty Ltd raised substantial doubt about the accuracy of the debt claimed by Medical Corporation Australia Ltd. The court was persuaded by the applicant's evidence which suggested that the debt might have been overstated and that there were inconsistencies in the records provided by the respondent. Consequently, the court set aside the statutory demand, ruling in favour of Six Appeal Pty Ltd.

No additional orders were made beyond setting aside the statutory demand. The decision was based on the genuine dispute as to the amount of the debt, and no other matters were addressed in the judgment.