Benonyx Pty Limited v Fetrona Pty Limited [1999] NSWSC 1181

Benonyx Pty Limited v Fetrona Pty Limited [1999] NSWSC 1181

Omission of the return date from the application served on the defendant within the statutory period is a fatal defect under s459G of the Corporations Law and cannot be remedied by later notification after the twenty-one days period. Strict compliance is required and the Plaintiff's Summons must be dismissed.

Parties
Plaintiff: Benonyx Pty Limited; Defendant: Fetrona Pty Limited
Jurisdiction
Australia
Judgment Date
29 November 1999
Procedural Posture
Application to Set Aside Statutory Demand / Judgment
Outcome
Plaintiff's Summons dismissed
Legal Topics
Statutory Demand, Setting Aside Statutory Demand, S459 G Corporations Law, Service Requirements
Corporations Law Statutory Demand Setting Aside Statutory Demand S459 G Corporations Law Service Requirements

Case Brief

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Parties

Benonyx Pty Limited

Plaintiff

Fetrona Pty Limited

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Judgment

Legal Issues

  1. 1 Whether omission of the return date from the application served to set aside a statutory demand constitutes fatal non-compliance with s459G of the Corporations Law.

Ratio Decidendi

Omission of the return date from the application served on the defendant within the statutory period is a fatal defect under s459G of the Corporations Law and cannot be remedied by later notification after the twenty-one days period. Strict compliance is required and the Plaintiff's Summons must be dismissed.

Court Disposition

Plaintiff's Summons dismissed

Orders

  • The Plaintiff's Summons is dismissed.
  • Costs ordered against the Plaintiff to the Defendant.