Ann: SMS Innovative Mining receivable update, page-4

Not correct, in a few ways.

First, if a debt is overdue, well you can sue for it that same day. People send countless polite reminders etc for a few reasons, none of which are "you can't sue till you've done so". Those reasons include:
1. you burn your commercial relationship if you sue
2. it's expensive and it's time consuming
3. 99.9% of the time you'll be paid eventually anyway, without the need for litigation.

Secondly, the court case isn't MSV suing to recover money. It's SMS trying to have a statutory demand "set aside". MSV can't increase the amount of that demand now. They could however potentially issue another statutory demand for other amounts that have fallen due since the first SD went out.