James v Ash Electrical Services Pty Ltd [2008] NSWSC 1112

James v Ash Electrical Services Pty Ltd [2008] NSWSC 1112

For a statutory demand to be served at the registered office of a company under s 109X(1)(a) of the Corporations Act, it must be deposited at the premises comprising the registered office, not simply in a letterbox outside the building. There was no evidence the document was subsequently delivered inside or came to the defendant company’s attention; hence, service was not effected.

Parties
Plaintiff: Craig James; Defendant: Ash Electrical Services Pty Ltd
Jurisdiction
Australia
Judgment Date
24 October 2008
Procedural Posture
Corporations Winding Up Application / Determination of Separate Question (service of Statutory Demand)
Outcome
Separate question answered 'No'—statutory demand was not served on the defendant at its registered office within the meaning of s 109X(1)(a).
Legal Topics
Winding Up on Grounds of Insolvency, Statutory Demand Service Requirements, Presumption of Insolvency Under S 459 C(2)(a) Corporations Act
Corporations Law Insolvency Law Civil Procedure Winding Up on Grounds of Insolvency Statutory Demand Service Requirements Presumption of Insolvency Under S 459 C(2)(a) Corporations Act

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Parties

Craig James

Plaintiff

Ash Electrical Services Pty Ltd

Defendant

Procedural Posture

Corporations Winding Up Application / Determination of Separate Question (service of Statutory Demand)

Legal Issues

  1. 1 Whether a statutory demand placed in an external letterbox constitutes service 'at' the registered office under s 109X(1)(a) of the Corporations Act 2001 (Cth)
  2. 2 Whether there was proof the statutory demand was subsequently received by the company

Ratio Decidendi

For a statutory demand to be served at the registered office of a company under s 109X(1)(a) of the Corporations Act, it must be deposited at the premises comprising the registered office, not simply in a letterbox outside the building. There was no evidence the document was subsequently delivered inside or came to the defendant company’s attention; hence, service was not effected.

Court Disposition

Separate question answered 'No'—statutory demand was not served on the defendant at its registered office within the meaning of s 109X(1)(a).