Autumn Solar Installations Pty Ltd v Solar Magic Australia Pty Ltd [2010] NSWSC 463

Autumn Solar Installations Pty Ltd v Solar Magic Australia Pty Ltd [2010] NSWSC 463

The statutory demand was served on 16 March 2010. Excluding that day, the 21 day period after service expired at midnight dividing 6 April 2010 from 7 April 2010. The summons and supporting affidavit were filed on 7 April 2010, after the s 459G deadline, and service of any unfiled summons on 6 April 2010 could not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 May 2010
Procedural Posture
Application to Set Aside a Statutory Demand Under S 459 G of the Corporations Act 2001 (cth) / Ex Tempore Judgment on Defendant's Threshold Objection to Jurisdiction Based on Time Limit
Outcome
Proceedings dismissed with costs.
Legal Topics
['winding Up' 'statutory Demand' 'application to Set Aside Statutory Demand' 'computation of Time' 'jurisdiction']
['corporations Law'] ['winding Up' 'statutory Demand' 'application to Set Aside Statutory Demand' 'computation of Time' 'jurisdiction']

Source-derived case record

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Procedural Posture

Application to Set Aside a Statutory Demand Under S 459 G of the Corporations Act 2001 (cth) / Ex Tempore Judgment on Defendant's Threshold Objection to Jurisdiction Based on Time Limit

Legal Issues

  1. 1 ["Whether the plaintiff's summons and supporting affidavit were filed within 21 days after service of the statutory demand as required by s 459G of the Corporations Act 2001 (Cth)." 'Whether an unfiled summons served within the 21 day period could satisfy the requirement to serve a copy of the application under s 459G(3)(b).' 'Whether the court had power to set aside the statutory demand if the s 459G timing requirement was not met.']

Ratio Decidendi

The statutory demand was served on 16 March 2010. Excluding that day, the 21 day period after service expired at midnight dividing 6 April 2010 from 7 April 2010. The summons and supporting affidavit were filed on 7 April 2010, after the s 459G deadline, and service of any unfiled summons on 6 April 2010 could not satisfy the requirement to serve a copy of the application. Because the s 459G timing requirements were not met, the court had no power to set aside the statutory demand.

Court Disposition

Proceedings dismissed with costs.

Orders

  • ['The proceedings are dismissed with costs.']