Golden Orchid Pty Ltd v Comax Pty Ltd [1995] FCA 444

Golden Orchid Pty Ltd v Comax Pty Ltd [1995] FCA 444

Because the applicant had notified only 274 Victoria Street, Darlinghurst as its registered office and had not specified the room, floor or level as required by s.100, leaving the statutory demand with a person in that building who knew of the company constituted service at the registered office under s.220. The demand was therefore served on 14 February 1995.

Jurisdiction
Australia
Judgment Date
30 June 1995
Procedural Posture
Application Under S.459 G of the Corporations Law to Set Aside a Statutory Demand / Reasons for Judgment on Disputed Date and Effectiveness of Service
Outcome
The Court was satisfied that the statutory demand was served on 14 February 1995; the matter was stood over for the parties to consider the consequences and for any necessary directions.
Legal Topics
['service of Statutory Demand' 'registered Office' 'application to Set Aside Statutory Demand' 'winding Up in Insolvency']
['corporations'] ['service of Statutory Demand' 'registered Office' 'application to Set Aside Statutory Demand' 'winding Up in Insolvency']

Case Brief

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Procedural Posture

Application Under S.459 G of the Corporations Law to Set Aside a Statutory Demand / Reasons for Judgment on Disputed Date and Effectiveness of Service

Legal Issues

  1. 1 ['Whether the statutory demand was served on the applicant on 14 February 1995 by being left at 274 Victoria Street, Darlinghurst.' "Whether service was ineffective because the demand was left with an employee of a shop in a building with multiple occupants and not directly at the applicant's marked office." 'Whether the s.459G application was within time depended on whether service occurred on 14 February 1995 or only when the managing director received the documents on 27 or 28 February 1995.']

Ratio Decidendi

Because the applicant had notified only 274 Victoria Street, Darlinghurst as its registered office and had not specified the room, floor or level as required by s.100, leaving the statutory demand with a person in that building who knew of the company constituted service at the registered office under s.220. The demand was therefore served on 14 February 1995.

Court Disposition

The Court was satisfied that the statutory demand was served on 14 February 1995; the matter was stood over for the parties to consider the consequences and for any necessary directions.

Orders

  • ['The matter will be stood over for a short time to enable the parties and their legal advisers to consider the reasons.' 'When the matter is again in the list, the Court will deal with the consequence of the finding as to date of service and, if necessary, make directions for the future conduct of the hearing.']