This case highlights the approach taken by the Federal Court of Australia in assessing claims to set aside a statutory demand, served pursuant to s.459E of the Corporations Act, on the basis that the Affidavit in support of the Demand was affirmed 13 hours after the Statutory Demand and that the Description of the Debt is not detailed, which gives rise to “some other reason” to set aside a Statutory Demand under s.459J(1)(a) or (b).

Casewatch - Wollongong Coal Limited v Gujarat NRE India Pty Ltd

To download this Casewatch, please click the link below: