Quitstar Pty Ltd v Cooline Pacific Pty Ltd [2002] NSWCA 329

Quitstar Pty Ltd v Cooline Pacific Pty Ltd [2002] NSWCA 329

The reference to the Corporations Law rather than the Corporations Act did not invalidate the statutory demand, as it sufficiently purported to be a demand under the relevant legislation and there was no substantial injustice from the defects. The address defect was minor and did not mislead or prejudice the applicant. The lower court decisions were correct and leave to appeal should not be granted.

Jurisdiction
Australia
Judgment Date
30 September 2002
Procedural Posture
Appeal / Application for Leave to Appeal and the Appeal Itself in Respect of an Application Refused to Set Aside a Statutory Demand
Outcome
Leave to appeal refused with costs; time for complying with statutory demand extended to 8 October 2002.
Legal Topics
['statutory Demand' 'defects in Statutory Demands' 'corporations Act Transitional Provisions']
['corporations'] ['statutory Demand' 'defects in Statutory Demands' 'corporations Act Transitional Provisions']

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Procedural Posture

Appeal / Application for Leave to Appeal and the Appeal Itself in Respect of an Application Refused to Set Aside a Statutory Demand

Legal Issues

  1. 1 ["Whether a statutory demand referring to the 'Corporations Law' instead of the 'Corporations Act' is valid under the Corporations Act 2001" 'Whether defects in the address for service in a statutory demand nullify the demand']

Ratio Decidendi

The reference to the Corporations Law rather than the Corporations Act did not invalidate the statutory demand, as it sufficiently purported to be a demand under the relevant legislation and there was no substantial injustice from the defects. The address defect was minor and did not mislead or prejudice the applicant. The lower court decisions were correct and leave to appeal should not be granted.

Court Disposition

Leave to appeal refused with costs; time for complying with statutory demand extended to 8 October 2002.

Orders

  • ['Leave to appeal is refused with costs.' 'Time for complying with statutory demand extended to 8 October 2002.']