In the Matter of Idem Australia Pty Ltd Idem Australia Pty Ltd v Fuji Xerox Australia Pty Ltd [1996] FCA 973
Service of the statutory demand was effected at the company's registered office at about 4.30pm on 29 August 1996, as the office was open at that time; therefore the application to set aside the statutory demand was filed and served out of time.
- Parties
- Applicant: IDEM Australia Pty Ltd; Respondent: Fuji Xerox Australia Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 06 November 1996
- Procedural Posture
- Application to Set Aside Statutory Demand / Reasons for Judgment
- Outcome
- Application dismissed as out of time
- Legal Topics
- Statutory Demand, Service of Documents, Registered Office Requirements
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
IDEM Australia Pty Ltd
Applicant
Fuji Xerox Australia Pty Ltd
Respondent
Procedural Posture
Application to Set Aside Statutory Demand / Reasons for Judgment
Legal Issues
- 1 When is service of a statutory demand deemed to be effected at a company's registered office?
- 2 Does service outside specified opening hours comply with statutory requirements for service?
Ratio Decidendi
Service of the statutory demand was effected at the company's registered office at about 4.30pm on 29 August 1996, as the office was open at that time; therefore the application to set aside the statutory demand was filed and served out of time.
Court Disposition
Application dismissed as out of time
Orders
- Service of statutory demand is deemed to have been effected at about 4.30pm on 29 August 1996
- Application to set aside and supporting affidavit were filed and served out of time
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment