A company appealing the dismissal of an application to set aside a statutory demand under s 459G must apply for an extension of the compliance period under s 459F before that period expires; the filing of a notice of appeal does not itself extend or suspend the compliance period. Where a company does not dispute the underlying debt, alleged defects in the form of the statutory demand or accompanying affidavit are unlikely to establish substantial injustice under s 459J.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.