CORPORATIONS — application under s 459G Corporations Act 2001 (Cth) for order setting aside statutory demand — whether demand validly served in absence of an affidavit verifying debt — whether genuine dispute as to existence of debt or offsetting claim — whether "some other reason" established for the purposes of s 459J(1)(b) — HELD — demand not served in compliance with s 459E as no affidavit verifying that portion of the debt which was not a judgment debt — genuine dispute as to the proper construction of an order staying the execution of the initial costs order underlying the judgment debt and as to whether the debt had been released prior to the registration of the costs assessment certificates — therefore genuine dispute as to existence of the debt — entry into Deed of Release constitutes "some other reason" for the purposes of s 459J(1)(b) — statutory demand set aside
Case Details
Citation[2011] NSWSC 531
CourtNSWSC
JurisdictionNew South Wales
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