A person whose claimed debt is genuinely disputed on substantial grounds lacks standing under s 459P of the Corporations Act 2001 (Cth) and cannot be substituted as applicant creditor under s 465B, even where the company is presumed insolvent. The insolvency of the company does not cure the absence of standing. Evidence which would be inadmissible as hearsay or opinion to prove indebtedness may nonetheless be admissible to establish a genuine dispute about indebtedness on an application to set aside a statutory demand. The supporting affidavit under s 459G(3)(a) need not verbally delineate each ground of dispute provided the application and affidavit fairly alert the claimant to the nature of the case by necessary inference.
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