| Commentary

84 Setting aside the statutory demand

| Commentary

84 Setting aside the statutory demand

The debtor may apply to have the statutory demand set aside1. The grounds on which the court may set aside a statutory demand are2:

  1. 84.1

        that the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt or debts specified in the statutory demand;

  2. 84.2

        that the debt is disputed on grounds which appear to the court to be substantial;

  3. 84.3

        it appears that the creditor holds some security in respect of the debt claimed by the demand, and either he has not complied with

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial