› Affidavit in support of application to set aside
› Whether s 459G(3) of the Corporations Act 2001 (Cth) requires service of exhibits to affidavit within 21-day period
› Held it does not.
Corporations
› Statutory demand
› Application for order setting aside under s 459G of the Corporations Act
› Offsetting claim
› Whether costs order in favour of third party to statutory demand can be availed of by plaintiff as an offsetting claim, where debt the subject of the statutory demand is owed jointly and severally by third party and plaintiff to defendant
› Held that a joint and several obligor who is sued alone cannot raise a set-off to which his or her co-obligor is entitled.
Case Details
Citation[2007] NSWSC 835
CourtNSWSC
JurisdictionNew South Wales
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