In the matter of Aircraft Support Industries Pty Limited [2015] NSWSC 2007

In the matter of Aircraft Support Industries Pty Limited [2015] NSWSC 2007

The Demand complied with Form 509H because paragraph 1 specified William Hare's address, which on the evidence included its physical street address as well as a post office box. Form 509H and s 459E do not require that the creditor's address be an address for payment or an address in Australia. Even if the inclusion or description of the address were a defect, ASI established no substantial injustice because the evidence did not show any attempt or difficulty in making payment, and ASI representatives knew and had attended William Hare's offices at the specified location. The Demand therefore should not be set aside under s 459J and there was no basis for the declaration sought.

Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Application to Set Aside Creditor's Statutory Demand Under Ss 459 G, 459 H and 459 J of the Corporations Act 2001 (cth) / Originating Process; Principal Ex Tempore Judgment
Outcome
The Plaintiff's application to set aside the creditor's statutory demand was dismissed with costs.
Legal Topics
["creditor's Statutory Demand" 'form 509 H' 'address of Creditor' 'post Office Box and Street Address' 'overseas Address' 'defect in Statutory Demand' 'substantial Injustice']
['corporations Law' 'insolvency'] ["creditor's Statutory Demand" 'form 509 H' 'address of Creditor' 'post Office Box and Street Address' 'overseas Address' 'defect in Statutory Demand' 'substantial Injustice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Creditor's Statutory Demand Under Ss 459 G, 459 H and 459 J of the Corporations Act 2001 (cth) / Originating Process; Principal Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Demand failed to specify a proper address of William Hare because the address was a post office box rather than a street address or office.' "Whether a creditor's statutory demand must specify an address within Australia at which payment can be made." 'Whether any defect in the Demand caused substantial injustice for the purposes of s 459J(1)(a) of the Corporations Act 2001 (Cth).']

Ratio Decidendi

The Demand complied with Form 509H because paragraph 1 specified William Hare's address, which on the evidence included its physical street address as well as a post office box. Form 509H and s 459E do not require that the creditor's address be an address for payment or an address in Australia. Even if the inclusion or description of the address were a defect, ASI established no substantial injustice because the evidence did not show any attempt or difficulty in making payment, and ASI representatives knew and had attended William Hare's offices at the specified location. The Demand therefore should not be set aside under s 459J and there was no basis for the declaration sought.

Court Disposition

The Plaintiff's application to set aside the creditor's statutory demand was dismissed with costs.

Orders

  • ["Order that the Plaintiff's application to set aside creditor's statutory demand be dismissed with costs."]