In the matter of Hengji Development Pty Ltd [2019] NSWSC 1515

In the matter of Hengji Development Pty Ltd [2019] NSWSC 1515

The evidence did not establish that the statutory demand was effectively served on Hengji's registered office by post or by delivery to the mailbox at the registered address in April or May 2019. The demand only came to Hengji's attention via informal service by email and letter on 31 May 2019, such that the application to set aside the demand filed 21 June 2019 was within time under s 459G of the Corporations Act 2001 (Cth). By concession, the demand must therefore be set aside.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Application to Set Aside Creditor's Statutory Demand / Determination of Separate Question and Application
Outcome
Creditor's statutory demand dated 5 April 2019 set aside; Defendant to pay Plaintiff's costs limited to the costs of the hearing, as agreed or assessed.
Legal Topics
['service of Statutory Demand' 'setting Aside Statutory Demand' 'procedural Requirements Under Corporations Act 2001 (cth)' 'registered Office Service Requirements' 'costs Orders']
['corporations Law'] ['service of Statutory Demand' 'setting Aside Statutory Demand' 'procedural Requirements Under Corporations Act 2001 (cth)' 'registered Office Service Requirements' 'costs Orders']

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Procedural Posture

Application to Set Aside Creditor's Statutory Demand / Determination of Separate Question and Application

Legal Issues

  1. 1 ["Whether the Plaintiff's application to set aside the creditor's statutory demand was served within the 21 day period under s 459G of the Corporations Act 2001 (Cth)" 'Whether valid service of the statutory demand was effected by post or by delivery to the registered office' 'If the demand was not served until later, whether the application was within time and the demand should be set aside' 'Appropriate order for costs']

Ratio Decidendi

The evidence did not establish that the statutory demand was effectively served on Hengji's registered office by post or by delivery to the mailbox at the registered address in April or May 2019. The demand only came to Hengji's attention via informal service by email and letter on 31 May 2019, such that the application to set aside the demand filed 21 June 2019 was within time under s 459G of the Corporations Act 2001 (Cth). By concession, the demand must therefore be set aside.

Court Disposition

Creditor's statutory demand dated 5 April 2019 set aside; Defendant to pay Plaintiff's costs limited to the costs of the hearing, as agreed or assessed.

Orders

  • ["The creditor's statutory demand issued by the Defendant dated 5 April 2019 be set aside." "The Defendant pay the Plaintiff's costs, limited to the costs of the hearing, as agreed or as assessed."]