Career Training on Line Pty Ltd v B E S Training Solutions Pty Ltd; v Buckland [2010] NSWSC 460

Career Training on Line Pty Ltd v B E S Training Solutions Pty Ltd; v Buckland [2010] NSWSC 460

Service of a statutory demand by leaving it at the locked doors of the ground-floor premises identified as the registered office satisfies s 109X(1)(a), even if outside normal office hours. Consequently, the applicant's originating process was filed and served out of time, and must be dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2010
Procedural Posture
Corporations Winding Up Statutory Demand Application to Set Aside / Judgment After Hearing of Applications Under S 459 G Corporations Act
Outcome
Originating process dismissed with costs.
Legal Topics
['statutory Demand' 'service of Process' 'time Limits for Applications' 'registered Office Requirements' 'costs']
['corporations Law'] ['statutory Demand' 'service of Process' 'time Limits for Applications' 'registered Office Requirements' 'costs']

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Procedural Posture

Corporations Winding Up Statutory Demand Application to Set Aside / Judgment After Hearing of Applications Under S 459 G Corporations Act

Legal Issues

  1. 1 ['Whether service of statutory demand was effected on 23 December 2009 by leaving the documents at the registered office as required by s 109X(1)(a) Corporations Act' 'Whether the originating processes were filed within the 21 day time limit in s 459G(2) and (3) Corporations Act']

Ratio Decidendi

Service of a statutory demand by leaving it at the locked doors of the ground-floor premises identified as the registered office satisfies s 109X(1)(a), even if outside normal office hours. Consequently, the applicant's originating process was filed and served out of time, and must be dismissed.

Court Disposition

Originating process dismissed with costs.

Orders

  • ['The originating process in each proceeding is dismissed.' "The plaintiff is to pay the defendant's costs of the proceedings."]