Smiles Inclusive: CEO Tony McCormack announces court has set aside 330k statutory demand

Smiles Inclusive CEO Tony McCormack has another reason to grin after winning a key legal case.

SMILES Inclusive CEO Tony McCormack has another reason to grin after winning a key legal case.

The West Burleigh-based company announced this morning that Queensland’s Supreme Court has set aside a statutory demand served on the company in October by the former owners of Future Care Mobile Dentistry.

Arthur Bushell and Christian Perez issued the demand for payment of $330,000, claiming Smiles was due to pay them the amount in April but failed to do so. They threatened to wind up the company over the allegedly missed payment.

This morning Mr McCormack said in a release that Smiles has also been awarded costs incurred from the court case by the Supreme Court.

Arthur Bushell threatened to wind up listed Gold Coast dental group Smiles Inclusive. Photo: Supplied

Christian Perez threatened to wind up listed Gold Coast dental group Smiles Inclusive. Photo: Supplied

GET FULL DIGITAL ACCESS: $5 PER MONTH FOR THE FIRST 3 MONTHS

“The company remains of the view that it has an offsetting claim against Future Care for amounts owed under a sale agreement with the company. The company continues to assess its legal options to recover these amounts,” Smiles said.

Mr McCormack has been able to savour several victories recently in his quest to turn the company around.

Since listing the company has been bedevilled by problems including profit downgrades, a falling share price, boardroom infighting, legal problems and the threat of class action lawsuits.

Recent successes include passing resolutions at the recent AGM to allow further capital raisings despite stiff opposition from rebel shareholders Dr John Camacho and Dr Arthur Walsh.

The company also announced recently has resolved legal issues with joint-venture partner Australian Aged Dental Care to do with the closure of the Smiles Onsite mobile business in October last year.