The Court held that the Graywinter principle precludes an applicant to set aside a statutory demand from relying on any ground not identified, expressly or by inference, in the supporting affidavit filed within the 21-day period under s 459G, even where the ground emerges from the defendant's own evidence or admissions. The principle is not merely an evidentiary rule about the plaintiff's affidavits but a substantive constraint derived from s 459G itself. While a ground based on a pure question of law need not be expressly stated if the supporting affidavit identifies facts from which the legal conclusion can be drawn by inference, the affidavit must at minimum disclose the factual foundation for the ground.
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