Where a creditor serves a statutory demand validly but deliberately conceals the fact of service from the debtor company or its solicitor, knowing the company disputes the debt, the court may set aside the demand under s 459J(1)(b) for want of fair notice, even if the application to set aside is filed outside the 21-day period under s 459G. The principle applies even where the demand came to the company's notice within the 21-day period, if the company lacked information about the date of service.
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