Challenge v EtienneBelmore v Etienne [2007] NSWSC 1145

Challenge v EtienneBelmore v Etienne [2007] NSWSC 1145

The evidence supports that the statutory demands were served on 6 August 2007, so the applications to set aside, filed on 28 August 2007, were out of time. Consequently, the application must be dismissed regardless of any substantive merits.

Jurisdiction
Australia
Judgment Date
10 October 2007
Procedural Posture
Application to Set Aside Statutory Demand / Judgment on Application
Outcome
Application dismissed with costs.
Legal Topics
['setting Aside Statutory Demand' 'time for Filing Application']
['corporations Law'] ['setting Aside Statutory Demand' 'time for Filing Application']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application to Set Aside Statutory Demand / Judgment on Application

Legal Issues

  1. 1 ['Whether the applications to set aside statutory demands were made within time under s459G of the Corporations Act' 'Whether any substantive merits exist to set aside the demand if the applications were out of time']

Ratio Decidendi

The evidence supports that the statutory demands were served on 6 August 2007, so the applications to set aside, filed on 28 August 2007, were out of time. Consequently, the application must be dismissed regardless of any substantive merits.

Court Disposition

Application dismissed with costs.

Orders

  • ['Proceedings dismissed with costs.' 'Exhibit 11 to be returned (except those attached to affidavits filed in the proceedings).']