In the matter of Urban Solutions Group Pty Limited

Urban Solutions Group Pty Limited, a debtor, brought an application against its creditor to set aside a statutory demand. The creditor had issued the demand under section 459D of the Corporations Act 2001 (Cth), and the debtor argued that the demand was null and void. The dispute came before the Federal Circuit and Family Court of Australia. The central issue before the court was whether the application to set aside the statutory demand could be entertained despite being filed outside the 21-day period prescribed by section 459G of the Act. The debtor also contended that the Australian Business Number of the creditor on the demand was incorrect and that the address for service of the application was improperly specified.

The court considered the statutory framework governing applications to set aside statutory demands, particularly the requirement for such applications to be made within 21 days. The court noted that the debtor had filed its application outside this period, raising a preliminary issue about the timeliness of the application. The debtor attempted to justify the late filing by arguing that the incorrect Australian Business Number rendered the demand ineffective, thereby entitling it to relief. The court also examined whether the debtor had complied with procedural requirements, including the proper service of the application. The court concluded that despite the debtor's arguments, the late filing of the application was a significant procedural defect that could not be overlooked.

Ultimately, the court found that the debtor's application to set aside the statutory demand was not permissible due to the failure to comply with the 21-day period stipulated by section 459G of the Corporations Act. The court further held that the incorrect Australian Business Number did not constitute grounds for setting aside the demand, as it did not affect the validity of the demand itself. Therefore, the court dismissed the debtor's application. The debtor was ordered to pay the creditor's costs of the application.