Summary
In the recent case of Brandon Industries (VIC) Pty Ltd v V
Locker Pty Ltd [2016] VSC 373, the respondent successfully
opposed an application to set aside a statutory demand on the basis
that the alleged dispute and offsetting claim did not presently
exist and were therefore not genuine.
Critically, the Court held that in order to have a statutory
demand set aside, any dispute or offsetting claim must exist at the
date of the hearing of the application and not some later date.
Kemp Strang's Brisbane office acted for the successful
respondent.
Key Facts
Brandon and V Locker supplied refrigerated locker systems to the
Coles Group (Coles) for Coles Click 'n'
Collect, whereby customers of Coles can order groceries online
through the Coles website and collect their groceries from
refrigerated lockers.V Locker supplied the software and electronic
locking system components for the lockers and Brandon supplied the
refrigeration components.
