Section 459J of the Corporations Act 2001 (Cth) provides a separate and additional ground for setting aside a statutory demand; it does not impose an additional requirement (such as substantial injustice) on the genuine dispute ground in s 459H. The Court of Appeal will not grant leave to amend a notice of appeal to raise arguments not put to the primary judge, particularly where the merits of the underlying dispute should be resolved at trial.
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