It's all or nothing when issuing statutory demandsfor single debts... so far

In Garuda Aviation Pty Ltd v Commonwealth Bank of Australia [2012] WASC 115, Master Sanderson set aside a statutory demand on the basis that it was issued for only part of a debt due and owing to the Commonwealth Bank, even though that portion of the debt was undisputed, and was well above the statutory minimum.

The facts

The Commonwealth Bank claimed to be owed in excess of US$6,896,535.05 under a commercial loan facility, and this amount was claimed in (yet to be determined) summary judgment proceedings. Having regard to the evidence and submissions in those proceedings, the Commonwealth Bank formed the view that a portion of the debt ($2,099,047.13) was undisputed, and issued a statutory demand for that amount.