AA Management Co Pty Limited [2019] NSWSC 1443

“I (genuinely) dispute that!”  

A dispute between family members and various related Cos arose.  The dispute was complicated.   

It included a son making 8 stat demands on “family” Cos.  Earlier proceedings were settled on bases including that a property be sold, and $950K be paid to the son. The property was not sold and the $950K not paid.  

The son demanded that the Cos pay the money.   

If a Co receives a stat demand and fails to (i) pay, or (ii) get the Court to set it aside, it can be wound up.  

So the 8 Cos sought to set aside the stat demands.  

The Court considered whether there was a genuine dispute such that the stat demands ought to be set aside.  

There was: [63].   

The Cos had used their best endeavours to sell the property and failed (in part because of the son). The Court accepted there was “rational controversy” about whether the obligation to pay the son arose: [62].  

The demands were set aside: [75].