WISNIEWSKI v Australia and New Zealand Banking Group

In *Wisniewski v Australia and New Zealand Banking Group*, the applicant, Mr. Wisniewski, sought to set aside a statutory demand issued by Australia and New Zealand Banking Group Limited (ANZ). The dispute concerned whether ANZ had a genuine dispute about the existence of the debt claimed in the statutory demand.

The primary legal issue before the court was whether Mr. Wisniewski had established a sufficient evidentiary basis to demonstrate a "genuine dispute" regarding the debt, thereby entitling him to have the statutory demand set aside. This required the court to consider the nature and quality of the evidence presented by Mr. Wisniewski in support of his claim that the debt was not owed.

Judge Street found that Mr. Wisniewski had failed to provide sufficient evidence to establish a genuine dispute. The court applied the principles governing the setting aside of statutory demands, which require a respondent to show not merely a dispute, but a *genuine* dispute, meaning one that has real prospects of success. In this instance, the applicant's assertions were unsubstantiated and lacked the necessary factual or legal foundation to raise a genuine dispute about the debt.

Consequently, the court dismissed the application to set aside the statutory demand.