459Q

Application relying on failure to comply with statutory demand

In force

If an application for a company to be wound up in insolvency relies on a failure by the company to comply with a statutory demand, the application:

(a)

must set out particulars of service of the demand on the company and of the failure to comply with the demand; and

(b)

must have attached to it:

(i)

a copy of the demand; and

(ii)

if the demand has been varied by an order under subsection 459H(4)—a copy of the order; and

(c)

unless the debt, or each of the debts, to which the demand relates is a judgment debt—must be accompanied by an affidavit that:

(i)

verifies that the debt, or the total of the amounts of the debts, is due and payable by the company; and

(ii)

complies with the rules of court.

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