First Sydney Properties Pty Limited v Double Bay Project Pty Limited, Consolidated Credit Network (NSW) Pty Limited v Double Bay Project Pty Limited, CCN Properties (Sydney) Pty Limited v Double Bay Project Pty...

In this case, the court dealt with three related appeals involving statutory demands issued under the Corporations Act 2001. The appellants in each case were creditors who had issued statutory demands against Double Bay Project Pty Limited, which was the respondent in all matters. The primary dispute centred around the validity of statutory demands that were not signed by the creditor or a person authorised by the creditor, and whether an accompanying affidavit was correctly made by the creditor or an authorised person. The court was required to determine whether these non-compliances constituted "some other reason why the demand should be set aside" and whether there was a genuine dispute as to the existence or amount of the debt.

The court examined the statutory provisions and case law to ascertain whether the non-compliances were material and whether they constituted grounds for setting aside the demands. It considered whether the entire debt was payable at the time the demand was served and whether the non-compliances affected the enforceability of the demands. The court found that the statutory demands were invalid due to the non-compliances, and that these issues constituted "some other reason why the demand should be set aside." Additionally, the court found that there was a genuine dispute as to the amount of the debt, which further supported setting aside the demands.

The court held that the statutory demands were invalid due to the non-compliances with the signing and affidavit requirements. The non-compliances constituted "some other reason why the demand should be set aside," and the genuine dispute as to the amount of the debt also supported setting aside the demands. Consequently, the court set aside the statutory demands and ordered that the respondents were not liable to pay the amounts claimed in the demands.