This was an application to set aside a statutory demand that raised a novel issue. The affidavit supporting the statutory demand was dated one day earlier than the statutory demand itself. Ordinarily this would, without more, justify setting aside the demand. However, the evidence showed that both the demand and the affidavit had in fact been signed on the same day – the date shown on the face of the statutory demand was incorrect. Notwithstanding this evidence, Ryan J held that there was ‘some other reason’ to set aside the demand.
Michael May (leading J Sargent) appeared for the applicant, instructed by Colin Biggers & Paisley.
The judgment is published here.