In the matter of Futre Developments Pty Ltd [2014] NSWSC 1712

In the matter of Futre Developments Pty Ltd [2014] NSWSC 1712

The statutory demand was served on the plaintiff when it was delivered by Australia Post to the letterbox maintained at the street address of the registered office at 11:22 AM on 17 September 2014. As a result, the plaintiff's application to set aside the statutory demand, filed and served on 9 October 2014, was out of time under s 459G of the Corporations Act 2001 (Cth) and must be dismissed.

Parties
Plaintiff: Futre Developments Pty Ltd; First Defendant: Joseph Hoi; Second Defendant: Hoi Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
05 December 2014
Procedural Posture
Corporations Application to Set Aside Statutory Demand / Final Judgment After Separate Determination of a Preliminary Question
Outcome
Application dismissed
Legal Topics
Statutory Demand, Winding Up, Service by Post, Time Limits, Registered Office, Proof of Delivery
Corporations Law Statutory Demand Winding Up Service by Post Time Limits Registered Office Proof of Delivery

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Parties

Futre Developments Pty Ltd

Plaintiff

Joseph Hoi

First Defendant

Hoi Constructions Pty Ltd

Second Defendant

Procedural Posture

Corporations Application to Set Aside Statutory Demand / Final Judgment After Separate Determination of a Preliminary Question

Legal Issues

  1. 1 When was the statutory demand served on the plaintiff for the purposes of s 459G of the Corporations Act 2001 (Cth)?
  2. 2 Does the evidence establish delivery to the plaintiff's registered office on a particular date, and what is the legal consequence for the timing of the application to set aside the demand?

Ratio Decidendi

The statutory demand was served on the plaintiff when it was delivered by Australia Post to the letterbox maintained at the street address of the registered office at 11:22 AM on 17 September 2014. As a result, the plaintiff's application to set aside the statutory demand, filed and served on 9 October 2014, was out of time under s 459G of the Corporations Act 2001 (Cth) and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Order that the originating process be dismissed.
  • Order the plaintiff to pay the defendant's costs of the proceedings.