Where a company seeks to set aside a statutory demand on the basis of a construction argument arising from the contract on which the demand is based, the supporting affidavit requirement of s 459G(3) is satisfied by annexing the contract, even without drawing attention to the specific provision or the construction relied upon. However, the company must still adduce evidence to enliven any limitation of liability provision — the onus of establishing a shortfall between the debt and the realisable value of the relevant property rests on the company, not the creditor.
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