In the matter of Fugace Pty Limited [2019] NSWSC 1203

In the matter of Fugace Pty Limited [2019] NSWSC 1203

The plaintiff discharged its onus by proving that service on the defendant's authorised solicitor by email on the last day for service was effective, as it is reasonable to infer the solicitor received and read the email in a timely manner in a 'time critical' matter, thereby bringing the documents to the attention of an authorised agent of the company within the statutory period. Accordingly, the statutory demand was set aside as the application was served in time.

Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Application to Set Aside Statutory Demand / Decision at First Instance
Outcome
Statutory demand set aside
Legal Topics
['statutory Demand' 'service of Documents' 'effective Informal Service' 'jurisdiction for Setting Aside Statutory Demand']
['corporations Law' 'civil Procedure'] ['statutory Demand' 'service of Documents' 'effective Informal Service' 'jurisdiction for Setting Aside Statutory Demand']

Case Brief

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Procedural Posture

Application to Set Aside Statutory Demand / Decision at First Instance

Legal Issues

  1. 1 ['Whether application to set aside statutory demand was properly served within the statutory period' 'Whether service by email can constitute effective informal service when email was not an agreed mode of service' 'Whether the documents actually came to the attention of a person authorised to receive them']

Ratio Decidendi

The plaintiff discharged its onus by proving that service on the defendant's authorised solicitor by email on the last day for service was effective, as it is reasonable to infer the solicitor received and read the email in a timely manner in a 'time critical' matter, thereby bringing the documents to the attention of an authorised agent of the company within the statutory period. Accordingly, the statutory demand was set aside as the application was served in time.

Court Disposition

Statutory demand set aside

Orders

  • ['Order pursuant to section 459H(1)(a) of the Corporations Act 2001 (Cth) that the statutory demand issued by S Cartwright & Sons (Coachbuilders) Ltd dated 3 May 2019 be set aside.' "Order the defendant to pay the plaintiff's costs of the proceedings."]