Calquid Pty Ltd v A & D R Illes Pty Ltd

Calquid Pty Ltd, a creditor, applied to set aside two statutory demands issued by A & D R Illes Pty Ltd, the debtor. The statutory demands were issued in relation to two separate and distinct debts. The debtor challenged the application on the basis that the creditor had failed to comply with s459G of the Corporations Law by not providing a supporting affidavit for each statutory demand. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the court were whether the date of service of the statutory demand was established by one application by way of summons and whether the requirements of s459G of the Corporations Law were met. The court had to determine whether the creditor had complied with the provisions of s459G by providing a supporting affidavit for each statutory demand. The court also had to consider the consequences of the creditor's non-compliance with s459G.

The court held that the date of service of the statutory demand was established by one application by way of summons. However, the court found that the creditor had not complied with s459G of the Corporations Law by providing a supporting affidavit for each statutory demand. The court held that the requirements of s459G were not met because the supporting affidavit did not specifically refer to each statutory demand. The court held that the consequences of the creditor's non-compliance with s459G were that the application to set aside the statutory demands was invalid.

The court set aside the application to set aside the statutory demands and ordered that the creditor pay the debtor's costs of the application.