CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.4 - WINDING UP IN INSOLVENCY
History
Heading substituted by No 210 of 1992, s 57 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
Division 3 - Application to set aside statutory demand
History
Heading inserted by No 210 of 1992, s 57 (effective 23 June 1993).
CCH Note:
See s 1382-1383.
SECTION 459J
SETTING ASIDE DEMAND ON OTHER GROUNDS
459J(1)
[Defect or other reason]
On an application under section
459G, the Court may by order set aside the demand if it is satisfied that:
(a)
because of a defect in the demand, substantial injustice will be caused unless the demand is set aside; or
(b)
there is some other reason why the demand should be set aside.
History
S 459J(1) inserted by No 210 of 1992, s 57 (effective 23 June 1993).
CCH Note:
see s 1382-1383.
459J(2)
[Mere defect]
Except as provided in subsection
(1), the Court must not set aside a statutory demand merely because of a defect.
History
S 459J(2) inserted by No 210 of 1992, s 57 (effective 23 June 1993).
CCH Note:
see s 1382-1383.
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