Aucare Dairy (Aust) Pty Ltd v Huang (No 6)

[2021] FCA 983

Federal Court of Australia18 August 2021

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Judges

Davies J

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Case Details

Citation[2021] FCA 983

CourtFCA

JurisdictionCommonwealth

Decision Date18 August 2021

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Davies J

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Aucare Dairy (Aust) Pty Ltd v Huang (No 6) at [30]

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

Aucare Dairy (Aust) Pty Ltd v Huang (No 6) at [37]

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