Court considers electronic service of application to set aside a statutory demand

Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically, and the Court's evaluation of a genuine dispute concerns the establishment of a genuine level of claim, and not the likely result of the claim.

BACKGROUND

A Creditor served Greenmint Pty Ltd (Greenmint) with a statutory demand for the payment of $105,128.00 owing under a Deed of Loan (Deed) between the parties. The statutory demand was dated 23 March 2015 and served on 24 March 2015. Greenmint subsequently brought an application under section 459G of the Corporations Act 2001 (Act) to set aside the statutory demand. Pursuant to the Act, a debtor has 21 days from the receipt of a statutory demand to file and serve an application to have the demand set aside. Failure to do so creates a statutory presumption of insolvency under the Act.