In Western Australia, an order setting aside a statutory demand under s 459G of the Corporations Law is a final order, and an appeal lies as of right without leave under s 60(1)(f) of the Supreme Court Act 1935 (WA). A debtor company seeking to set aside a statutory demand on the basis of a genuine dispute must demonstrate more than a mere assertion; where loan agreements clearly provide for repayment on demand, the debtor cannot resist the demand by asserting that repayment was conditional upon the creditor performing a separate obligation under a framework agreement, absent evidence of a representation or promise to that effect.
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