CORPORATIONS – Corporations Act 2001 (Cth) – Part 5.4 – Insolvency – Statutory demand – s 459G – Application to set aside demand – New grounds sought to be advanced – Whether precluded by ‘Graywinter principle’ – Where defects not referred to in s 459G affidavit but apparent from face of documents annexed – s 459H – Whether genuine dispute about existence and/or amount of debt – s 459J(1)(a) – Where alleged defects in statutory demand – No substantial injustice arising – s 459J(1)(b) – Whether some other reason to set aside statutory demand – Whether order of Victorian Civil and Administrative
Tribunal due and payable – Where affidavit accompanying statutory demand predates demand – Whether there is an affidavit which verifies the statutory demand for purposes of s 459E(3) – Statutory demand set aside.
PRACTICE AND PROCEDURE – Costs – Discretion – Plaintiff ultimately successful in setting aside defendant’s statutory demand – Successful ground only referred to day prior to hearing – Order that plaintiff pay portion of defendant’s costs. Dispute Resolution Processes – Summary Dismissal/Summary Judgment/Striking Out Proceedings

 Sceam Construction Pty Ltd [2021] VSC 437 (6 July 2021)