Where a statutory demand posted to a company's registered office is returned to sender because the building is physically inaccessible, non-delivery is established and the presumption of deemed insolvency does not arise. A creditor who knows within the 21-day period that the statutory demand has not come to the company's attention, and who has the means to contact the company, commits an abuse of process by pursuing a winding-up application without taking reasonable steps to bring the demand to the company's actual notice. Where a statutory demand never came to a company's attention and the creditor knew this, the company is not prevented by s 459S from raising a genuine dispute about the debt at the winding-up hearing.
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