In the matter of Mark Attard and others trading under the partnership name of Colin Biggers & Paisley

[2013] NSWSC 1579

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CORPORATIONS — statutory demand — application to set aside creditor's statutory demand — whether it is open to the defendant to support the statutory demand on a basis other than that referred to in the demand and accompanying affidavit — content of the "genuine dispute" standard — whether demand should be set aside under s 459J Corporations Act 2001 (Cth) — whether "defect" in the statutory demand due to misdescription of the debt — whether substantial injustice to the company if defendant could rely on a basis for supporting the debt not raised in the statutory demand.