Darragh K. Connell succeeds in setting aside a statutory demand based on a disputed unlimited personal guarantee and indemnity
In a judgment handed down by Chief Insolvency and Companies Court Judge Briggs, a statutory demand predicated on an unlimited personal guarantee and indemnity was set aside. Darragh K. Connell represented the successful applicant.
Genuine triable issues were established in respect of the Applicant’s defences based on promissory estoppel and misrepresentation. The judgment provides a helpful example of the importance of contemporaneous communications to the court’s assessment of alleged pre-contractual representations in evidencing a genuine and substantial dispute in respect of a debt.