› Genuine dispute as to existence or amount of debt
› Complex contractual payment terms
› Whether time for payment had arrived
› Corporations Act 2001 (Cth), ss 459G, 459H
Corporations
› Winding up
› Statutory demand
› Offsetting claim
› Whether offsetting claim raised in supporting affidavit filed within 21 days
› Corporations Act 2001 (Cth), s 459G(3)
Corporations
› Winding up
› Statutory demand
› Affidavit verifying
› Meaning of 'verify' in s 459E(3)
› Whether formal affirmation sufficient or proof required
› Corporations Act 2001 (Cth), s 459E(3)
Corporations
› Winding up
› Statutory demand
› Variation of demand
› Substantiated amount
› Corporations Act 2001 (Cth), s 459H(4)
Quick Take
1An offsetting claim not disclosed in the supporting affidavit filed within the 21-day period under s 459G(3) cannot be relied upon to set aside a statutory demand, even if raised in a later affidavit.
2'Verify' in s 459E(3) of the Corporations Act 2001 (Cth) means to make a formal affirmation that the debt is due and payable, not to prove or substantiate that fact by evidence.
Case Details
Citation[2003] NSWSC 456
CourtNSWSC
JurisdictionNew South Wales
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