The New South Wales Court of Appeal has held, in Kisimul Holdings Pty Ltd v Clear Position Pty Ltd, that the absence of the ‘no genuine dispute’ statement from the affidavit accompanying a creditor’s statutory demand is, of itself, “some other reason” to set aside the statutory demand under s 459J(1)(b) of the Corporations Act 2001 (Cth). I have written a paper about the case. Read the paper here
