Edifice Corporation Pty Ltd v JPQS Pty Ltd [2008] NSWSC 1262

Edifice Corporation Pty Ltd v JPQS Pty Ltd [2008] NSWSC 1262

The statutory demands were served on the plaintiffs at their registered office well before 30 September 2008. As the applications to set aside the statutory demands were not filed within 21 days of service, as required by s 459G of the Corporations Act, the court has no jurisdiction to grant relief and the applications must be dismissed.

Parties
Plaintiff: Edifice Corporation Pty Ltd; Plaintiff: Edifice Services Pty Ltd; Plaintiff: Construction Plus (NSW) Pty Ltd; Defendant: JPQS Pty Ltd
Jurisdiction
Australia
Judgment Date
28 November 2008
Procedural Posture
Application to Set Aside Statutory Demand / Final Decision at First Instance
Outcome
Applications dismissed, with costs
Legal Topics
Statutory Demands, Extension of Time, Service of Documents
Corporations Law Statutory Demands Extension of Time Service of Documents

Case Brief

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Parties

Edifice Corporation Pty Ltd

Plaintiff

Edifice Services Pty Ltd

Plaintiff

Construction Plus (NSW) Pty Ltd

Plaintiff

JPQS Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Statutory Demand / Final Decision at First Instance

Legal Issues

  1. 1 Whether application to set aside statutory demand was filed within 21 days of service under s 459G of the Corporations Act 2001 (Cth)
  2. 2 Whether service of statutory demands was effected prior to 30 September 2008

Ratio Decidendi

The statutory demands were served on the plaintiffs at their registered office well before 30 September 2008. As the applications to set aside the statutory demands were not filed within 21 days of service, as required by s 459G of the Corporations Act, the court has no jurisdiction to grant relief and the applications must be dismissed.

Court Disposition

Applications dismissed, with costs

Orders

  • The application in SC 5297 of 2008 be dismissed, with costs.
  • The application in SC 5296 of 2008 be dismissed, with costs.