As the age-old adage says, 'the devil is in the
detail.' Such position has never rung truer then when
preparing a Creditor's Statutory Demand for Payment of Debt
(Statutory Demand). There are generally three
bases to set aside a Statutory Demand being:
- a genuine dispute as to the existence of the debt
- an offsetting claim against the party issuing the Statutory
Demand
- for some other reason.
This article will consider recent cases regarding application to
set aside statutory demands under the third limb above, the
applications made by the parties in those cases and the Court's
ultimate ruling. These cases should serve as a timely reminder to
anyone issuing a Creditor's Statutory Demand just how important
the finer details of a Creditor's Statutory Demand for Payment
of Debt are.
