Newsnet Pty Limited v Patching [2011] NSWSC 690

Newsnet Pty Limited v Patching [2011] NSWSC 690

Service of the application to set aside the statutory demand and supporting affidavit by facsimile at the address for service stated in the statutory demand is effective upon receipt and printing at the office of the creditor's solicitors, regardless of whether it is personally received by a person; there is a real question to be tried as to whether service was effected within time, and at least one ground of dispute is raised in the supporting affidavit. Thus, summary dismissal is inappropriate.

Parties
Plaintiff/respondent: Newsnet Pty Limited; Defendant/applicant: Roy Edward Patching
Jurisdiction
Australia
Judgment Date
08 July 2011
Procedural Posture
Interlocutory Application / Decision on Application for Summary Dismissal of Plaintiff's Application to Set Aside Statutory Demand
Outcome
Defendant's interlocutory process for summary dismissal dismissed with costs.
Legal Topics
Statutory Demand, Service of Documents, Interlocutory Applications, Summary Dismissal, Supporting Affidavits
Corporations Law Civil Procedure Statutory Demand Service of Documents Interlocutory Applications Summary Dismissal Supporting Affidavits

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Parties

Newsnet Pty Limited

Plaintiff/respondent

Roy Edward Patching

Defendant/applicant

Procedural Posture

Interlocutory Application / Decision on Application for Summary Dismissal of Plaintiff's Application to Set Aside Statutory Demand

Legal Issues

  1. 1 Whether service of the plaintiff's application to set aside statutory demand was effected within the 21-day period required by s 459G, Corporations Act 2001 (Cth)
  2. 2 Whether service by facsimile at the address for service stated in the demand is good service under s 459G(3)(b)
  3. 3 Whether the supporting affidavit met the minimum requirements as per the Graywinter principle

Ratio Decidendi

Service of the application to set aside the statutory demand and supporting affidavit by facsimile at the address for service stated in the statutory demand is effective upon receipt and printing at the office of the creditor's solicitors, regardless of whether it is personally received by a person; there is a real question to be tried as to whether service was effected within time, and at least one ground of dispute is raised in the supporting affidavit. Thus, summary dismissal is inappropriate.

Court Disposition

Defendant's interlocutory process for summary dismissal dismissed with costs.

Orders

  • Order that the defendant's interlocutory process filed on 30 May 2011 be dismissed with costs.