An applicant seeking to set aside a statutory demand under s 459G of the Corporations Law is not required to produce documentary evidence supporting its claim to money in order to establish a genuine dispute. A first affidavit that asserts a plausible factual basis for the dispute — such as an agreement for management fees — satisfies the threshold test even without supporting documents, provided the assertions are not shown to be incorrect and constitute a plausible contention requiring investigation.
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