A ground of challenge to a statutory demand under s 459J(1)(b) is available even if not expressly stated in the supporting affidavit, provided it is evident from the affidavit including from annexed documents. Failure of a s 459E(3) affidavit to verify the debt as 'due and payable' (as distinct from merely stating the company is 'indebted') and failure to state a belief in the absence of genuine dispute are material departures from the statutory scheme warranting setting aside of the demand. However, failure to state the source of a director-deponent's knowledge is not of itself productive of injustice.
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