Cornick Pty Ltd v Brains Master Corporation [1995] FCA 1125

Documents placed at the registered office at 5.45pm constituted valid service within the meaning of s459E(1) of the Corporations Law. Forwarding a copy of the demand to a different address does not constitute separate service and does not affect the respondent's reliance on the original service.

Jurisdiction: Australia
Judgment Date: 01 December 1995
Procedural Posture: Corporations Matter / Determination of Preliminary Questions Prior to Hearing of Application Under S459 G(1)
Outcome: Application dismissed, preliminary questions answered Yes and No respectively.
Legal Topics: ['service of Statutory Demand' 'service at Registered Office' 'effectiveness of Service After Business Hours']

['corporations Law'] ['service of Statutory Demand' 'service at Registered Office' 'effectiveness of Service After Business Hours']

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Procedural Posture

Corporations Matter / Determination of Preliminary Questions Prior to Hearing of Application Under S459 G(1)

Legal Issues

1 ['Whether placing documents at 5.45pm under the door of registered office constitutes service under s459E(1) of the Corporations Law' 'Whether forwarding a copy of the notice to a different address constitutes separate service for the purposes of s459G of the Corporations Law']

Ratio Decidendi

Court Disposition

Application dismissed, preliminary questions answered Yes and No respectively.

Orders

['Parties directed to bring in proposed orders within 7 days in accordance with the reasons.']